____________

Adopted, November 19, 1990
Effective, November 19, 1990

____________

Published in 1990 by Order of the City Council

____________

OFFICIALS

of the

CITY OF CHARLOTTESVILLE

AT THE TIME OF THIS CODIFICATION

____________

Reverend Alvin Edwards

Mayor

____________

Elizabeth B. Waters

Thomas Vandever

Kay Slaughter

David Toscano

Councilmembers

____________

Cole Hendrix

City Manager

____________

W. Clyde Gouldman, II

City Attorney

____________

Jeanne Cox

Clerk of the Council

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Charlottesville, Virginia of a general and permanent nature.

Source materials used in the preparation of the Code were the 1976 Code, as supplemented through July 3, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code, as authorized by section 15.1-37.3 of the Code of Virginia. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1976 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the publication. With this system, the publication will be kept up-to-date periodically. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Robert D. Ussery, Vice President emeritus, and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to W. Clyde Gouldman, II, City Attorney, S. Craig Brown, Deputy City Attorney, and Mark D. Owen, Assistant City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ADOPTION OF CODE

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CHARLOTTESVILLE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:

Section 1. The Code entitled "Code of the City of Charlottesville (1990)," published by Municipal Code Corporation consisting of Chapters 1 through 34, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before November 6, 1989, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished as prescribed in section 1-11 of the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of license or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after November 6, 1989, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7. Nothing in this Code or the ordinance adopting this Code shall affect any annual tax levy, nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city.

Section 8. This ordinance shall become effective upon its passage.

Approved by Council
November 19, 1990

____________

Adopted, November 19, 1990
Effective, November 19, 1990

____________

Published in 1990 by Order of the City Council

____________

OFFICIALS

of the

CITY OF CHARLOTTESVILLE

AT THE TIME OF THIS CODIFICATION

____________

Reverend Alvin Edwards

Mayor

____________

Elizabeth B. Waters

Thomas Vandever

Kay Slaughter

David Toscano

Councilmembers

____________

Cole Hendrix

City Manager

____________

W. Clyde Gouldman, II

City Attorney

____________

Jeanne Cox

Clerk of the Council

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Charlottesville, Virginia of a general and permanent nature.

Source materials used in the preparation of the Code were the 1976 Code, as supplemented through July 3, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code, as authorized by section 15.1-37.3 of the Code of Virginia. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1976 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the publication. With this system, the publication will be kept up-to-date periodically. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Robert D. Ussery, Vice President emeritus, and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to W. Clyde Gouldman, II, City Attorney, S. Craig Brown, Deputy City Attorney, and Mark D. Owen, Assistant City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ADOPTION OF CODE

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CHARLOTTESVILLE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:

Section 1. The Code entitled "Code of the City of Charlottesville (1990)," published by Municipal Code Corporation consisting of Chapters 1 through 34, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before November 6, 1989, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished as prescribed in section 1-11 of the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of license or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after November 6, 1989, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7. Nothing in this Code or the ordinance adopting this Code shall affect any annual tax levy, nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city.

Section 8. This ordinance shall become effective upon its passage.

Approved by Council
November 19, 1990

The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement.

In addition, by adding to this table with each supplement, users of this City Code will be able to gain a more complete picture of the Code's historical evolution.

The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement.

In addition, by adding to this table with each supplement, users of this City Code will be able to gain a more complete picture of the Code's historical evolution.

A new Charter is hereby provided for the City of Charlottesville in the form and manner following:

So much of the land that lies and is contained in the following boundaries: Beginning at a cross on rock on hill ninety-two feet southeast of center line of traveled way Ridge Street a corner to the present corporation line, thence with it north thirty-two degrees thirty minutes west at five hundred and twenty-one feet Old Lynchburg Road at one thousand three hundred and six feet Seven and One-half Street S.W. extended in all three thousand one hundred fifty-two and four-tenths feet to a stake east bank of a small branch and north forty degrees east seventy-six feet from center of top of manhole, thence new lines south thirty-five degrees thirty-eight minutes west two hundred thirteen and seven-tenths feet to a stake, south thirty-eight degrees eight minutes west one thousand one hundred nineteen and two-tenths feet to a stake, south eighty-nine degrees forty-seven minutes west two hundred thirteen and seven-tenths feet to a stake sixteen feet northeast of branch, thence crossing branch south eighty-two degrees thirty-nine minutes west one hundred eighty-five and six-tenths feet to a stake north eighty-seven degrees forty-four minutes west three hundred thirty-four feet to a stake south eighty-nine degrees forty-seven minutes west two hundred and five-tenths feet to a stake south sixty-five degrees thirty-nine minutes west one hundred sixty-two and three-tenths feet, south fifty-six degrees forty-seven minutes west one hundred ninety-seven and two-tenths feet south fifty-four degrees twenty-three minutes west three hundred forty-three and two-tenths feet to a stake, south forty-four degrees fifty-eight minutes west eight hundred thirty-seven feet to a stake fourteen feet beyond a branch and twenty-five feet beyond a large poplar, side line, thence south twenty degrees twenty-two minutes west at four hundred ninety-six feet a small fore and aft pine in all one thousand and nine and five-tenths feet to a stake, south seventeen degrees thirty-eight minutes east one thousand three hundred four feet to a stake in Martin's lot one hundred eighty and four-tenths feet beyond an iron in Harris Road, thence through Martin's, Misses Harris and Monte Vista south sixty-one degrees fifty-two minutes west one thousand six hundred eighty-one and two-tenths feet to a stake, thence through Monte Vista and Jefferson Park north forty-three degrees eight minutes west at one hundred thirty-two and one-tenth feet a point which is south twelve west seventeen and six-tenths feet from iron at southwest corner Harry Gay lot at end of Monte Vista Avenue at six hundred eighty-two and two-tenths feet Old Lynchburg Road in all one thousand five hundred fifty-nine feet to a stake back of Eton Circle, thence north twenty-three degrees nineteen minutes west four hundred twelve and seven-tenths feet to a stake in lot No. 39 (J. M. Clark & Sons) six and four-tenths feet beyond line of lot No. 40 (Johnson), thence north two degrees forty minutes west at one hundred forty-four feet a stake in line of lot No. 38 (Blume) and two hundred twenty-seven and eight-tenths feet from iron on Hill Top Road a corner of Clark, and Blume, at two thousand and ninety-seven feet a stake in north edge Stribling Avenue fifty-one and seven-tenths feet west of iron corner to Lovell, at two thousand five hundred seven and six-tenths feet center Southern R. R. one thousand ninety-seven feet northeast from mile post 114, at three thousand three hundred eleven and five-tenths feet stake north margin state road No. 29, one hundred twenty-eight and nine-tenths feet west of iron at corner Piedmont Street, at four thousand one hundred seventy-eight feet Old Lynchburg Road one hundred twenty-six feet west of iron, thence crossing said road to its northern margin in the same line to a point, thence in an easterly direction along the northern margin of said road to the western boundary of the University of Virginia lands; thence with the dividing line between the lands of the University of Virginia and Homer Richey in a northerly and westerly direction to a point on the line which crosses U.S. 29 and previously described as having a course of north two degrees forty minutes west; thence with said line north two degrees forty minutes west to an iron fifty-one and eight-tenths feet beyond center of Observatory Road, thence a line north thirty-seven degrees fifty-eight minutes east to the line of the property of W. C. Chamberlain, thence in an easterly direction with said Chamberlain line to the eastern margin of the cemetery road, thence with the eastern margin of said cemetery road in a northwesterly and northeasterly direction to the southern margin of state road No. 250; thence crossing said road to an iron thirty feet from the center of same, said crossing of the center line of Ivy Road being approximately seven hundred seventy-two feet east of the center of the underpass on the Owensville Road; thence through Massie and Duke north sixty degrees thirty-four minutes east three hundred seventy-seven and six-tenths feet to an iron in the center C.&O.R.R. nine hundred forty-five feet east of center bridge over Owensville Road and one thousand eight hundred and one feet west of center bridge over state road No. 29; thence north seventy-four degrees forty-five minutes east one thousand five hundred and seven and four-tenths feet to stake north thirty-nine degrees forty-nine minutes east two hundred fifty-five and eight-tenths feet to a stake, north one degree fifty minutes east two hundred forty-one and six-tenths feet to a stake, north twenty-four degrees fifty-one minutes east one thousand two hundred eighty-four feet to a stake and small sassafras pt. on hill, north forty-one degrees six minutes east four hundred seventy-four and three-tenths feet to a stake and small sassafras pt. on hill, north forty-one degrees fifty-one minutes east five hundred and one and six-tenths feet to a stake twenty-six feet left of Meadow Creek north twenty degrees fifty-three minutes east three hundred thirty-two feet to a stake, thence crossing Meadow Creek north fifty-seven degrees sixteen minutes east one hundred and eight and nine-tenths feet to a stake, north forty-seven degrees fifty-four minutes east two hundred and five feet to stake, thence recrossing Meadow Creek north fifty-three degrees fourteen minutes east three hundred fifty and five-tenths feet to nail in center Barracks Road two hundred ninety-two feet north and west from center state road No. 29, thence through Siegfried north thirty-one degrees fifty-four minutes east nine hundred twenty-one and five-tenths feet to stake, thence south eighty degrees forty minutes east at three hundred and two and four-tenths feet center state road No. 29, thence through Virginia Earhart, City of Charlottesville, and Meadow Brook Hills, in all two thousand one hundred thirty-six feet to a stake in Meadow Brook Hills, thence north seventy-two degrees twenty minutes east four hundred ninety-nine and one-tenth feet to an iron in south edge macadam Hydraulic Road (Rugby Road extended), thence with the southern margin of Hydraulic Road in an easterly direction to its intersection with the northern margin of Dairy Road projected, thence in an easterly direction with the northern margin of Dairy Road to its intersection with the eastern margin of Hill Top Road, thence in a southerly direction with the eastern margin of Hill Top Road, to a concrete monument on said road at a point which is south fifteen degrees thirty-three minutes from a stake located ten feet southeast of a large poplar south of Dairy Road to its intersection with the eastern margin of Hill Top Road, of Gentry Woods, thence through Rugby Hills and E. K. O'Brien tracts south thirty-five degrees twenty-eight minutes east to the western line of the McIntire municipal park, thence in a northeasterly, southeasterly and southerly direction with the northwesterly, northerly and easterly lines of the McIntire municipal park to a concrete monument of Schenk's Branch, thence south eighty-one degrees thirty-one minutes east crossing an iron in Park Street, extended, sixty-seven and eight-tenths feet southwest from the southwest corner of a capstone on the north rock column of the Wilder most northerly entrance, and continuing thence by the same course through the lands of Wilder to a stake in Smith's land two hundred thirty and six-tenths feet northwest of the iron corner at the present corporation line at the end of Locust Avenue, thence south eight degrees twenty minutes south two hundred thirty and six-tenths feet to iron at end of Locust Avenue corner present corporation line in all three thousand one hundred twenty-six and five-tenths feet to a point on outside edge of five-foot cement walk and one and six-tenths feet from its northwest corner at southwest corner bridge over the Rivanna River, thence through Albemarle golf course south thirteen degrees one minute west three hundred ten and eight-tenths feet to stake near west bank Rivanna River, thence south thirty-eight degrees twenty-four minutes west two hundred eighty-nine and three-tenths feet to stake, south twenty-one degrees twenty-nine minutes west three hundred eighty-six and one-tenth feet to a stake, south one degree thirty-four minutes west three hundred fourteen feet to stake, south four degrees thirty-six minutes west three hundred ninety-four and seven-tenths feet to stake, south nineteen degrees thirty-nine minutes west three hundred fifty-five and four-tenths feet to stake, south twenty-two degrees two minutes west two hundred fifty-seven and four-tenths feet to a stake, and south seven degrees thirty minutes east one hundred thirty-six and five-tenths feet to a stake, thence leaving river south twenty-five degrees forty-one minutes west at one thousand four hundred ninety-six feet center concrete Woolen Mills Road, thence through N. F. Leake & c. at two thousand five hundred eighty-seven and six-tenths feet iron center C.&O.R.R. one thousand one hundred nineteen and five-tenths feet east of Richmond and Clifton Forge division sign, thence through Horace Ferron, & c. at two thousand seven hundred fifty-eight and seven-tenths feet an iron in all three thousand and fifty-nine and three-tenths feet to iron in north bank Carlton Road, thence in a southeasterly direction to a point on Franklin Street, which point is one hundred fifty feet east of the eastern margin of Nassau Street, thence a line in a southwesterly direction one hundred fifty feet east of and parallel to the eastern margin of Nassau Street, thence continuing said line in a westerly direction one hundred fifty feet south of and parallel to the southern margin of Nassau Street to its intersection with the eastern margin of Monticello Road, thence in a southerly direction with the eastern margin of Monticello Road to a monument opposite the southern margin of the old Quarry Road, thence in a westerly direction with the southern margin of said old Quarry Road, to a concrete monument between Rockland and Palatine Avenues, thence a line north fifty-nine degrees five minutes west to an iron in the east bank of the old Scottsville Road or Sixth Street, S.E., thence with present corporate line north seventy-eight degrees fifty minutes west two thousand three hundred forty-two feet to the beginning, shall be and is hereby, made the City of Charlottesville; and the inhabitants of the City of Charlottesville for all purposes for which towns and cities are incorporated in this commonwealth, shall continue to be one body, politic in fact and in name, under the style and denomination of the City of Charlottesville, and as such shall have all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent and pertaining to said city as a municipal corporation; and by that name may sue and be sued, and be subject to all the provisions of the Code of Virginia, except so far as may be herein otherwise provided.

Editor's note— The boundaries described in this section do not reflect the boundaries established by the last court order of annexation. The present boundary description can be found in the records of the Circuit Court of Albemarle County, Virginia.

The grounds, walks, driveways and all the land which on January 1, 1939, belonged to "Rector and Visitors of the University of Virginia," a corporation, although embraced within the boundaries of the City of Charlottesville as described in section 2, shall nevertheless be deemed to be excluded therefrom and shall be, remain and continue in all respects and for all purposes a part of the County of Albemarle; provided, that this exception shall not apply to any of the lands now used and embraced within the streets and roads known as West Main Street, Fry's Spring Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250, State Highway No. 29, nor any sidewalks on such roads, nor to any portion of the right of way of the Chesapeake and Ohio Railroad, and all of said streets, roads and rights of way within the boundary lines set out in section 2 hereof shall be in and a part of the City of Charlottesville.

(Acts 1948, Ch. 124)

Effect of amendment— The 1948 amendment substituted "which on January one, nineteen hundred thirty-nine belonged" for "belonging," near the beginning of the section.

The said city shall be divided into wards as now constituted, but the number of wards may be hereafter increased or diminished and the boundaries thereof changed by the city council as authorized by law.

State Law reference— Establishment of wards, Code of Virginia, § 15.1-803; election districts or precincts, § 24.1-36 et seq.

(a)

The municipal authorities of the said city shall consist of a council of five members, one of whom shall be mayor, as hereinafter set forth, unless and until this form be changed in manner prescribed by law, a clerk of the corporation [circuit] court, a commonwealth's attorney, a treasurer, a sheriff and a commissioner of revenue, who shall be elected by the qualified voters of the City of Charlottesville at elections held at the intervals and on the day prescribed for such elections by the laws of the state. All persons who are qualified voters of the City of Charlottesville shall be eligible to any of the said offices. The terms of offices of all of said officers shall begin and continue for such length of time as is prescribed by law; provided, that any of said officers shall be eligible to one or more offices to which he may be elected or appointed by the council. All the corporate powers of said city shall be exercised by said council, or under its authority, except as otherwise provided herein.

(b)

The form of government for said city shall be the city manager plan as follows: All corporate powers, legislative and executive authority vested in the City of Charlottesville by law shall be and are hereby vested in a council of five members to be elected at large from the qualified voters of the city, except as hereinafter provided.

(c)

Each of said councilmen shall receive an annual salary to be set by the council, not to exceed thirty-six hundred dollars each (except the president of said council, who shall be mayor, and shall receive a salary not to exceed forty-eight hundred dollars) from the city for their services.

(d)

In accordance with the general laws of the commonwealth, the election of councilmen shall be held in May of 1972, and biennially thereafter. At the election in May of 1972, there shall be elected three members of council, and at the election in May of 1974, there shall be elected two members of council to fill vacancies occurring on the first of July in the respective years in which they are elected. The term of office of the councilmen shall be four years. The members of the council on the effective date of this Charter amendment are hereby confirmed in office until the first day of July in the final year of the term of office for which they were elected.

(e)

It shall be the duty of the said council of five members to elect a city manager, at the salary to be fixed by them, who shall serve at the pleasure of the council.

(f)

Subject to general control by the council as provided in subsection (b) hereof, the city manager shall have full executive and administrative authority and shall have the right to employ and discharge all employees under his control. All departments of city government, including the fire department and police department, shall be under the general supervision of the city manager. The city manager shall give a bond for the faithful performance of his duties in such sum as the council may require. Subject to the general power of the council as provided in subsection (b) hereof and except as the council may by ordinance otherwise provide, the city manager shall have the powers vested in city managers by Code of Virginia, sections 15.1-926 and 15.1-927 and general laws amendatory thereof.

(g)

Said council shall elect a director of finance who shall serve at the pleasure of the council and who shall superintend the fiscal affairs of the city, and shall manage the same in the manner required by the council.

In all other respects the said council shall have and be vested with the same authority heretofore exercised by the council, and in all other respects their duties and liabilities shall be regulated by the existing laws, not in conflict therewith.

(Acts 1950, Ch. 143; Acts 1962, Ch. 463; Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1974, Ch. 7)

Effect of amendments— The 1950 amendment substituted, in subsection (b), "and executive" for "financial and police" and made many changes in subsection (f), including the addition of the second sentence therein.

The 1962 amendment raised the compensation of councilmen from three hundred dollars per year to twelve hundred dollars per year and that of the mayor from five hundred dollars per year to fifteen hundred dollars per year.

The 1964 amendment deleted the civil and police justice from subsection (a) and rewrote the language of subsection (a); changed "modified commission plan" to "city manager plan" in subsection (b); deleted provisions in subsection (d) authorizing the mayor to preside and vote on all questions; and changed "§§ 15-435 and 15-436" to "§§ 15.1-926 and 15.1-927" in subsection (f).

The 1972 amendment changed "sergeant" to "sheriff" and deleted "two justices of the peace" in subsection (a), completely rewrote subsection (d) and changed the terms of office of the city manager and director of finance from two years to "the pleasure of the council."

The 1974 amendment changed the compensation of councilmen to an amount to be set by the council, not to exceed thirty-six hundred dollars per year, and that of the mayor not to exceed forty-eight hundred dollars per year.

The council shall have authority to order, by resolution directed to the corporation [circuit] court of the city or the judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution, the corporation [circuit] court of the city or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the corporation [circuit] court of the city, he shall forthwith certify that fact to the court or judge thereof in vacation. Upon the certification of such petition the corporation [circuit] court of the city or the judge thereof in vacation, shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the corporation [circuit] court of the city to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment.

Nothing contained in this section shall be construed as affecting the provisions of section 14-a of this Charter.

(Acts 1960, Ch. 327; Acts 1962, Ch. 332)

Effect of amendments— The 1960 Act added this section. The 1962 amendment changed the procedure for verification of signatures on petitions.

There may be elected by the council such officers and clerks as said council deems proper and necessary, who shall serve at the pleasure of council, and any one or more of said offices may be held and exercised by the same person. It may be competent for the council, in order to secure the services of a suitable person, to elect nonresidents, but such officer, other than the clerk of the council, shall reside in the city during his tenure of office.

(Acts 1972, Ch. 184; Acts 2010, Ch. 217)

Effect of amendment— The 1972 amendment changed the term of office from two years to "the pleasure of the council."

The councilmen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths prescribed for all other officers by laws of Virginia, and qualify before the corporation [circuit] court of said city, or the judge thereof in vacation, and in the cases of the mayor and councilmen a certificate of such oaths having been taken, shall be filed by them, respectively, with the clerk of the council, who shall enter the same upon the journal thereof; but if any or either of said officers shall fail to qualify, as aforesaid, for ten days after the commencement of the term for which he, or they, were elected, or shall neglect for a like space of time to give such bond as may be required of him, his office or their offices shall be deemed vacant.

State Law reference— Oath required, Code of Virginia, § 15.1-38; form of oath, § 49-1.

Whenever, from any cause, a vacancy shall occur in the office of mayor it shall be filled by the council and a vacancy in the office of councilmen shall be filled by that body at its next regular meeting from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which his predecessor was elected, unless sooner vacated by death, resignation, removal, or from other causes. An entry of said election shall be made in the record book. If the mayor of said city or a councilman shall remove from the city limits, such removal shall operate to vacate his office.

At its first meeting in July, 1972, and biennially thereafter, the council shall elect one of its members to act as president, who shall preside at its meetings and continue in office two years. Or if a vacancy occur in the office before the end of his term, such vacancy shall be filled as provided in section 8.

At the same time the council shall elect one of its members to be a vice-president, who shall preside at such meetings in the absence of the president, and who, when the president shall be absent or unable to perform the duties of his office, by reason of sickness, or other cause, shall perform any and all duties required of, or entrusted to, the president. The president, or the vice-president, when authorized, as above stated, to act, shall have power at any time to call a meeting.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed "September" to "July" and "1922" to "1972" in the first sentence and "section seven" to "section eight" at the end of the second sentence.

Three councilmen shall constitute a quorum for the transaction of business at any meeting of that body.

The president, or vice-president, as the case may be, shall be entitled to a vote on all questions as any other member, but in no case shall he be entitled to a second vote on any question, though it be necessary to break a tie—that is to say, his office shall not entitle him to a vote.

The council shall have authority to adopt such rules and to appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business, to compel the attendance of absent members, to punish its members for disorderly behavior, and by vote of two-thirds of all the members elected to it, expel a member for malfeasance or misfeasance in office. The council shall keep a journal of its proceedings, and its meetings shall be open, except when it votes to hold an executive or closed session pursuant to general law. The council shall also require to be kept by its clerk a separate book, termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and opened to the public inspection. Other documents or papers in the possession of the clerk of the council which may affect the interest of the city, shall not be exhibited nor copies thereof furnished, except as may be required by general law.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment rewrote the second and last sentences of this section regarding executive sessions and exhibition of documents and papers.

State Law reference— General requirement for open meetings, Code of Virginia, § 2.1-343; executive or closed meetings, § 2.1-344.

At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings, shall be presented, and thereupon be corrected, if erroneous, and signed by the person presiding for the time being.

Upon the call of any member the ayes and noes shall be recorded in the journal.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed the word "read" to "presented" in the third line of this section.

The council of the city, except as hereinbefore provided, shall have the power within said city to control and manage the fiscal and municipal affairs of the city and all property, real and personal, belonging to said city; they shall have power to provide a revenue for the city, and appropriate the same to its expenses, also to provide the annual assessments of taxable persons and property in the city, and it may make such ordinances, orders, and bylaws relating to the foregoing powers of this section as it shall deem proper and necessary. They shall likewise have power to make such ordinances, bylaws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them:

First. Streets and sidewalks—Generally. To close, extend, widen, narrow, lay out, grade, improve and otherwise alter streets and public alleys in the said city, and have them properly lighted and kept in good order, and it may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatsoever, when it may be deemed expedient by the said council. The ownership of any land included in any street that is closed shall be in accord with general law. The said council may have over any street or alley in the city, which has been, or may be ceded to the city, like authority as over streets or alleys, and may prevent or remove any structure, obstruction or encroachment over, or under, or in a street or alley, or any sidewalk thereof.

Second. Same—Obstructions; cleaning sidewalks. To prevent the cumbering of the streets, avenues, walks, public squares, lanes, alleys, or bridges in any manner whatsoever; to compel the occupant or owner of buildings or grounds to remove snow, dirt or rubbish from the sidewalks in front thereof.

Third. Fires and fire prevention. To extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department for said city; to regulate the size of materials, and construction of buildings hereafter erected, in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure, or addition thereto which, by reason of dilapidation, defect of structure, or other causes, may have, or shall, become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick or iron.

Fourth. Breadth of tires on vehicles. To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of every kind and description used upon the streets of said city.

Fifth. Preservation of health; hospitals; births and deaths. To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the appointment and organization of a board of health or other board to have the powers of a board of health for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the officers of the city have; to regulate the burial, cremation, or disposition of the dead; to compel the return of births and deaths to be made to its health department, and the return of all burial permits to such department.

Sixth. Cemeteries. To acquire by purchase, condemnation, or otherwise, either within or without the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, and may charge for the use of the grounds in said places of interment, and may regulate the same; to prevent the burial of the dead in the city, except in public burying grounds; to regulate burials in said grounds; to require the keeping and return of bills of mortality by the keepers (or owners) of all cemeteries, and shall have power within the city to acquire by purchase, condemnation, or otherwise, such lands, and in such quantity as it may deem proper or necessary for the purpose of burying the dead; provided, however, that no part of such cemeteries, when established or enlarged, shall be within one hundred feet of any residence without the consent of the owner of the legal and equitable title of such residence, and provided further, that the provisions of Code of Virginia, ^[2] chapter 176, as now existing or hereafter amended, for condemnation of land thereunder so far as applicable shall apply to condemnation proceedings by the city hereunder.

The title to any land acquired by condemnation hereunder shall vest in the City of Charlottesville.

Seventh. Quarantine. To establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious diseases as the said council may see fit, subject to the laws of the state, and of the United States.

Eighth. Nuisances, etc. To require and compel the abatement and removal of all nuisances within the said city, or upon any property owned by said city, without its limits, at the expense of the person or persons causing the same, or the occupant or owner of the ground whereon the same may be; to prevent and regulate slaughterhouses, and soap and candle factories within said city, or the exercise of any dangerous, offensive or unhealthy business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to regulate the location of stables, and the manner in which they shall be constructed and kept.

Ninth. Stagnant water or offensive substances on property. If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or occupant thereon shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised, or drained, or may cause such substance to be covered or removed therefrom, and may collect the expense of so doing from the said owner or occupant by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected; provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners, who have no agent in said city, such notice may be given by publication for not less than ten days, in any newspaper published in said city, such publication to be at the expense of said owner, and cost thereof to be collected as a part of the expense hereinbefore provided for.

Tenth. Explosives and inflammables; carrying concealed weapons. To direct the location of all buildings for storing gunpowder or other explosives or combustible substances; to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons.

Eleventh. Animals and fowl generally. To prevent the running at large in said city of all animals and fowl, and to regulate and prohibit the keeping or raising of the same within said city, and to subject the same to such confiscation, levies, regulations and taxes as it may deem proper.

Twelfth. Use of streets; abuse of animals. Insofar as not prohibited by general law, to prevent the riding or driving of animals at improper speed, to regulate the speed and manner of use upon the streets of said city of all animals or vehicles; to prevent the flying of kites, throwing of stones, or the engaging in any employment or sport in the streets or public alleys, dangerous or annoying to the public, and to prohibit and punish the abuse of animals.

Thirteenth. Drunkards, vagrants and beggars. To restrain and punish drunkards, vagrants, mendicants and street beggars.

Fourteenth. Offenses generally. To prevent vice and immorality; to preserve public peace and good order; to prevent and quell riots; disturbances and disorderly assemblages; to suppress houses of ill fame, and gaming houses; to prevent lewd, indecent or disorderly conduct or exhibitions in the city, and to expel from said city persons guilty of such conduct.

Fifteenth. [Repealed by Acts 1972, Chapter 184.]

Sixteenth. Ordinances necessary for general welfare; effect on other powers. And the said council shall also have power to make such other and additional ordinances as it may deem necessary for the general welfare of said city; and nothing herein contained shall be construed to deprive said city of any of the powers conferred upon it, either by general or special laws of the State of Virginia, except insofar as the same may be inconsistent with the provisions of this Charter.

Seventeenth. Official bonds. Said council shall have power to require and take from such officers and employees, as they may see fit, bonds with security and in such penalty as they may prescribe, which bonds shall be made payable to the city by its corporate name, and conditioned for the faithful discharge of their duties; such bonds shall be filed with the clerk of the council.

Eighteenth. Gas works, waterworks and electric light works. Said council shall have power to erect, or authorize or prohibit the erection of gas works, waterworks, or electric light works, in or near the city, and to regulate the same.

Nineteenth. Pollution of water. To prohibit the pollution of water which may be provided for the use of the city.

Twentieth. Additional and incidental powers; jurisdiction beyond corporate limits. To pass all bylaws, rules and ordinances, not repugnant to the constitution and laws of the state, which they may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property, including authority to keep a city police force; and to do such other things, and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is, or shall be granted to, or vested in said city, or officers thereof, or which may be necessarily incident to a municipal corporation; and to enable the authorities of said city more effectually to enforce the provisions of this section, and any other powers conferred upon them by this Charter, their jurisdiction, civil and criminal, is hereby declared to extend one mile beyond the corporate limits of said city.

Twenty-first. Floating debt for installing or extending utilities. To create a floating debt not exceeding two hundred thousand dollars when, by a vote of the total membership of the council, the council has passed a resolution declaring it expedient to do so, and when the creating of the floating debt thereby provided for is for the purpose of installing, or extending, one or more public utilities, which constitute an asset, or assets, at least equal in value to the amount expended thereon, which utility, or utilities, shall materially add to the service rendered by the city to its taxpayers and other citizens; and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created, and failure to do this shall suspend this clause.

(Acts 1950, Ch. 413; Acts 1972, Ch. 184)

Effect of amendments— The 1950 amendment increased the amount of floating debt authorized by paragraph 21 from $100,000 to $200,000.

The 1972 amendment rewrote paragraphs 1 and 17 and repealed paragraph 15.

Before the Charlottesville Redevelopment and Housing Authority undertakes any public housing project within the city it shall obtain the approval of the council on each construction site, as hereinafter set forth. The application for approval shall have a plat, certified by a registered surveyor or engineer, or a plat prepared from the current city land book showing city parcel numbers of the land concerned and attested by the city assessor, attached to and made a part of such application. The plat shall identify the proposed site and show the proposed development of the site.

The council shall advertise for at least two weeks in a newspaper published in the city that the authority has applied for the approval of the council under this section and shall give notice therein of the time and place for a hearing on such request, which hearing shall be at least thirty days from the date of the first advertisement. The council may approve such application following such hearing.

(Acts 1960, Ch. 230; Acts 1962, Ch. 332; Acts 1970, Ch. 93; Acts 1973, Ch. 359)

Effect of amendments— The 1960 Act added this section.

The 1962 amendment completely rewrote the first paragraph of this section and made numerous changes in the second paragraph.

The 1970 amendment added a sentence repealed by the 1973 amendment.

The 1973 amendment eliminated voter authority to petition for a referendum on applications for approval of public housing projects.

After the effective date hereof [March 30,1962], it shall be unlawful to introduce fluorine, or sodium fluoride, or any compound or combination thereof into the city's public water system un- less the voters of the city approve the same in areferendum called and held under Code [of[Virginia], ^[3] section 24-141, as amended; such ref-erendum to be initiated by a petition seeking introduction of such chemicals filed with the council as hereinafter set forth. The petition shall be signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition. If a majority of the voters voting in the election approve, fluorine, sodium fluoride, or a compound thereof may be added to such water supply; but, if a majority so voting, vote against them then neither fluorine, sodium fluoride, nor any compound thereof shall be added to such water supply system. If a referendum is held hereunder another referendum thereon shall not be held until the expiration of two years.

(Acts 1962, Ch. 332)

Effect of amendment— The 1962 Act added this section.

The council may also borrow money in anticipation of the collection of the taxes and revenues in the city, in the amount or amounts not exceeding two hundred thousand dollars at any one time. The council may issue negotiable notes or other evidences of debt for all money borrowed under this section. Such notes or other evidences of debt may be renewed from time to time, but all such notes or other evidences of debt shall mature within twelve months. No money shall be borrowed under this section at a rate of interest exceeding six percent per annum, and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created.

(Acts 1950, Ch. 413)

Effect of amendment— The 1950 amendment increased the maximum amount which may be borrowed at any one time from $100,000 to $200,000.

Local assessments upon abutting landowners for making and improving the sidewalks upon the streets and improving and paving the alleys, and for either the construction or for the use of sewers, may be imposed not in excess of the peculiar benefits resulting therefrom to such abutting landowner. And the same shall be regulated as prescribed by the general laws.

To carry into effect the powers herein enumerated, and all other powers conferred upon said city and its council by the laws of Virginia, said council shall have power to make and pass all proper and needful orders, by-laws, and ordinances not contrary to the Constitution and laws of said state, and to prescribe reasonable fines and penalties, including imprisonment in the city jail, which fines, penalties or imprisonment shall be imposed, recovered and enforced by and under the civil and police justice (judge of the municipal court). The city may maintain a suit to restrain by injunction, the violation of any ordinance, notwithstanding such ordinance may provide punishment for its violation. In all cases where a fine or imprisonment is imposed by the civil and police justice (judge of the municipal court), or by the council, the party or parties so fined or imprisoned shall have the right of appeal to the corporation [circuit] court of said city. All fines imposed for the violation of the city Charter, by-laws, or ordinances, shall be paid into the city treasury.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment deleted a ninety day limitation on imprisonment and added "(judge of the municipal court)" following civil and police justice in the second and third sentences.

Editor's note— The "civil and police justice (judge of the municipal court)" referred to in this section is now the judge of the district court.

Each councilman, and the civil and police justice of said city, for the time being, are declared to be, and are hereby, constituted conservators of the peace within said city, and within one mile from the corporate limits thereof, and shall have all the powers and authority, in civil, as well as in criminal cases, as justices of the peace. And the chief of police and the policemen of the city shall also be conservators of the peace within the limits aforesaid, and all proper arrests may be made and warrants of arrest executed by such chief of police and policemen.

Editor's note— The civil and police justice mentioned in this section is now the judge of the district court. The office of justice of the peace has been abolished and replaced by the magistrate system. See Code of Virginia, § 19.2-26 et seq.

At least thirty days prior to the time when the annual tax levy or any part thereof is made, the council shall cause to be prepared a budget containing a complete itemized and classified plan of all proposed expenditures and all estimated revenues and borrowing for the ensuing appropriation year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns, the amount appropriated for the preceding appropriation year; the amount expended during that year, the amount appropriated for the current appropriation year and the increases and decreases in the proposed expenditures for the ensuing year as compared to the appropriation for the current year. This budget shall be accompanied by an itemized and complete financial balance sheet at the close of the last preceding appropriation year.

A brief synopsis of the budget shall be published in a newspaper published in the City of Charlottesville and notice given of at least one public hearing at least fifteen days prior to the date set for the hearing, at which any citizen of the said City of Charlottesville shall have the right to attend and state his views thereon. After such hearing is had, the council shall by appropriate order adopt and enter on the minutes thereof a synopsis of a budget covering all expenditures for the next appropriation year hereinbefore required. The said council shall order a city levy of so much money as in its discretion shall be sufficient to meet all just demands against the city.

State Law reference— Municipal budgets, Code of Virginia, § 15.1-159.8 et seq.

In order to execute its powers and duties and to meet the wants and purposes of the city, the council is hereby vested with power and authority to levy taxes upon persons, property, real and personal, privileges, businesses, trades, professions and callings and upon such other subjects of taxation and in such amounts as the council shall deem necessary and proper to provide such sums of money as they shall deem expedient without limitation as to subject, except such as may be expressly provided by general laws or constitutional provision and without limitation as to rate except such as may be provided by the Constitution of this state.

Taxes assessed against real estate subject to taxes shall be a lien on the property and the name of the person listed as owner shall be for convenience in collection of taxes. The lien for taxes shall not be limited to the interest of the person assessed but shall be on the entire fee simple estate. There shall be no lien when for any year the same property is assessed to more than one person and all taxes assessed against the property in one of the names have been paid for that year.

When taxes are assessed against land in the name of a life tenant or other person owning less than the fee or owning no interest, the land may be sold under the provisions of Code of Virginia, 1950, sections 58-1014 to 58-1020, 58-1101 to 58-1108, 58-762, as amended, or other laws for the sale of land for delinquent taxes provided the owner of record or his heirs be made parties to the proceeding for sale which may be instituted any time after December fifth of the year in which the taxes are assessed.

(Acts 1948, Ch. 124; Acts 1950, Ch. 413; Acts 1958, Ch. 111)

Effect of amendments— The 1948 amendment rewrote this section.

Prior to the 1950 amendment the first paragraph concluded with the words "without limitation as to subject or rate except such as may be provided by the laws of this state and of the United States."

The 1958 amendment added the last two paragraphs in this section.

Editor's note— The references to the Code of Virginia contained in the third paragraph above are obsolete. See now, the appropriate sections of title 58.1.

The council may each year make appropriation out of the city revenues of an amount not exceeding three cents on each one hundred dollars of the assessed value of the property in the city assessed for taxation for use in purposes which will, in the judgment of the council, advertise the city.

State Law reference— Expenditures for promoting resources and advantages of city, Code of Virginia, § 15.1-10.

License taxes may be imposed by ordinance on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof without limitation as to subject or rate except such as may be provided by the Constitution of this state and the Constitution of the United States.

License taxes not inconsistent with general law may be imposed upon vehicles using the streets of the city, and the council may prescribe a schedule of charges for vehicles using said streets for hire.

(Acts 1950, Ch. 413)

Effect of amendment— The 1950 amendment rewrote that portion of the section which follows the words "and the agent thereof."

State Law reference— Local license taxes, Code of Virginia, § 58.1-3700 et seq.

The revenue from these and other sources shall be collected, paid over, and accounted for at such times and to such persons as the council shall order, and pursuant to such ordinance as now exists or may hereafter be passed by the council. The city treasurer shall be the custodian of all the funds of the city.

At the end of each fiscal year and at such additional times as the council may direct, the council shall require the director of finance of the said corporation to make out a report of the receipts and expenditures, together with a balance sheet of said city for the preceding period, which report shall state on what account the expenditures were made, and from what source or sources the receipts were derived, which report when approved by the council, or in such manner as the council may direct, shall be published in one or more newspapers of the city within sixty days after the close of the period for which the report is presented.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed the time for the report from quarterly to the end of the fiscal year and such other times as the council may direct.

The council of said City of Charlottesville is hereby authorized to make and issue the registered or coupon bonds of said corporation, payable not exceeding forty years after their date, bearing interest at not more than five per centum per annum, payable semiannually; said bonds to be used exclusively in paying off and discharging the principal and interest of the present bonded debt of the corporation of Charlottesville. The said council shall not be authorized to dispose of such bonds at less than par value, except by a recorded affirmative vote of all the members elected to the council. Said registered and coupon bonds shall be regularly numbered, signed by the mayor, clerk and treasurer of the city, and recorded in a book kept for that purpose.

To provide for the payment of the bonded debt of the city there shall be set apart annually by the council from the revenues of the city such sum as will be sufficient to meet each issue of bonds, either heretofore or hereafter issued, as the same shall become due, except that for any issue of bonds a definite amount of which is payable annually and known as serial bonds, no sum shall be so provided; but for such serial bonds the council shall make in their annual budget definite provision for their payment. The funds thus set apart shall be paid in two equal installments on the first day of January and the first day of July in each year, to the sinking fund commissioners hereafter designated, and shall, together with the accretions thereto arising from interest on investments et cetera, be known as the sinking fund, and be held sacred for the payment of the debt of the city as it shall become due; and if no part of said debt be due or payable, said fund shall be invested in the bonds or certificates of debt of said city, or of this state, or the United States, or of some state of this union, or any other securities which under the laws of the State of Virginia are designated and approved for the investment of fiduciary funds; said fund shall, in the hands of the treasurer, as to all questions of investments, purchase or sale within the limitations of this section, be subject to the orders and the management of the mayor, chairman of the finance committee of the council, director of finance and treasurer, who together shall compose the sinking fund commission.

The council of said city may negotiate any loan or loans for the purpose of improving the streets, lighting the same, buying necessary real estate, erecting public buildings, supplying the city with water, sewerage, and for other purposes; and shall have authority to issue registered and coupon bonds, as well as serial, registered and coupon bonds, for the said loan or loans, payable not more than forty years after the date of said bonds, and said bonds shall bear interest payable semiannually; provided, that the council shall not negotiate such loan or loans, and issue bonds therefor, for sums which when added to the debt of the city then existing, shall cause the total indebtedness of the city to be greater than eighteen per centum of the assessed valuation of the real estate of the city subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that in determining the limitation of the power of the city to incur indebtedness, there shall not be included the classes of indebtedness mentioned in subsections (a) and (b) of section 127 of the Constitution of the state. Whenever the question of the issuance of any bonds of said city is required by the Constitution of Virginia or by the action of the council of said city to be approved by the affirmative vote of a majority of the qualified voters of the city who vote upon the question of their issuance, such majority shall also include a majority of the votes cast by those taxpayers of the city at such election who pay a tax on real or personal property assessed at five hundred dollars or more. Such election shall be held and conducted in accordance with the law of Virginia regarding elections by the people.

(Acts 1950, Ch. 413; Acts 1970, Ch. 93)

Effect of amendments— The 1950 amendment rewrote that portion of the section which relates to the bond elections.

The 1970 amendment removed the five percent interest rate limitation.

Editor's note— The reference in this section to subsections (a) and (b) of section 127 of the state Constitution is a reference to the 1902 Constitution. For provisions of the 1971 Constitution exempting certain bonds from the 18% debt limitation, see Va. Const., art. VII, § 10.

The rights of the city in its gas, water and electric works, and sewer plant, now owned, or hereafter acquired, shall not be sold even after such action of the council as is prescribed by Code of Virginia of 1919, ^[4] section 3016, until and except such sale shall have been approved by a majority of the qualified voters of the city, voting on the question at a special election ordered by the council and subject in other respects to the provisions of section 24 [27] of this Charter applicable to a special election.

The city sheriff shall attend the terms of the corporation [circuit] court of said city and shall act as the officer thereof; the said sheriff may appoint one or more deputies, who may be removed from office by the sheriff, and may discharge any of the duties of the office of sheriff, but the sheriff and his sureties shall be liable therefor. The city sheriff shall also have all power and authority and perform all duties imposed by general law upon sheriffs and constables of cities.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed "sergeant" to "sheriff."

The officers of said city elected or appointed by the council shall, during the time they are in office have all the power and authority of like officers in the state under its general laws, unless the same be abridged or restricted by the council.

The mayor or the council may prohibit any theatrical or other performance, show or exhibition within said city or a mile of its corporate limits, which may be deemed injurious to morals or good order.

[Repealed by Acts 1972, Chapter 184.]

The judge of the municipal court of said city, and substitute judge of said court, shall each be appointed for a term of four years by the judge of the corporation court of the City of Charlottesville, except that the term commencing on January 1, 1974, shall expire June 30, 1974. Said judges shall have such jurisdiction as is provided by general law; they shall receive no fees for services as judge or substitute judge, but all such fees shall be turned into the city treasury. The judge shall also have jurisdiction of and try violations of the city ordinances, and inflict such punishment as may be prescribed for a violation of the same. The judge shall have authority to issue his warrant for the arrest of any person or persons violating any of the ordinances, acts or resolutions of said city; it shall be his duty especially to see that peace and good order are preserved, and persons and property are protected in the city; he shall have power to issue executions for all fines and costs imposed by him or he may require the immediate payment thereof. The judge shall hold his court daily, except Saturday and Sunday, at the place prescribed by the council. If from any cause the judge of said court shall be unable to act, the substitute judge shall discharge the duties prescribed herein during such inability. The judge and substitute judge shall receive a salary for their services, to be fixed and paid by the council.

All papers connected with any civil action or proceeding in the municipal court of this city, except those in actions or proceedings (1) in which no service of process is had, (2) which are removed or appealed, and (3) in which the papers are required by law to be sooner returned to the clerk's office of a court of record, shall be properly indexed, filed and preserved in the municipal court of the city.

The power of appointment, in the judge of the corporation court of the City of Charlottesville, shall become effective January 1, 1966, at the expiration of the term of the present incumbent.

(Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1973, Ch. 22)

Editor's note— Effective July 1, 1973, municipal courts of Virginia cities were abolished and replaced by district courts. See Code of Virginia, § 16.1-69.1 et seq.

The salaries of all officers who receive stated compensation for their services from the city shall be fixed by the council.

The council shall fix by ordinance the time for holding their stated meetings and no business shall be transacted at a special meeting, unless by unanimous consent, except that for which it shall have been called, and every call for a special meeting shall specify the object thereof.

The regulation and restrictions for granting any franchise in the city shall be such as are provided by the general law.

State Law reference— Franchises generally, Code of Virginia, §§ 15.1-307—15.1-316.

All monies belonging to said city shall be paid over to the treasurer, and no money shall be by him paid out except as the same shall have been appropriated and ordered to be paid by the council, and the said treasurer shall also pay the same upon warrants approved in such manner as may be prescribed by ordinance of the council.

If the said treasurer shall fail to account for and pay over all of the monies that shall come into his hands when thereto required by the council, it shall be lawful for the council, in the corporate name of the city, by motion before any court of record having jurisdiction in the City of Charlottesville, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city on ten days' notice.

All fines imposed for any violation of any city ordinance or state law shall be collected by the clerk of the civil and police justice [district] court; and if said clerk shall fail to collect, account for, and pay over all the fines in his hands for collection, it shall be lawful for the council to recover the same, so far as the same are accruing to the city, by motion, in the corporate name of the city, before the corporation [circuit] court of said city, against the said clerk, his sureties on his said bond, or any or either of them, his or their executors or administrators, on giving ten days' notice of the same.

The council shall have power to make such ordinances, by-laws, orders and regulations as they may deem necessary to prevent dogs, hogs and other animals from running at large in the limits of the city, and may subject the owners thereof to such fines, regulations and taxes as the council may deem proper, and may sell said animals at public auction to enforce the payment of said fines and taxes; and may order such dogs, as to which there is default, to be killed by a policeman or constable.

The city shall not take or damage any private property for streets, or other public purposes, without making to the owner, or owners, thereof just compensation for the same. But in all cases where the city council cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for it to apply to the circuit court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lie within the city, to condemn the same.

In every case where a street in said city has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown the occupant or occupants of the premises so encroaching to remove the same. If such removal shall not be made within the time ordered by the city council, it may impose a penalty of five dollars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with cost, for which there shall be a lien on the premises so encroaching, which lien may be enforced in a court of equity having jurisdiction of the subject. No encroachment upon any street, however long continued, shall constitute an adverse possession thereto, or confer any right upon the person claiming thereunder as against said city.

No action shall be maintained against the said city for damages for an injury to any person or property alleged to have been sustained by reason of the negligence of the city, or any officer, agent or employee thereof, unless a written statement of the claimant, his agent or attorney, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed, as provided by general law.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment deleted the requirement that the statement of the claimant be certified by oath.

State Law reference— Notice requirements of general law, Code of Virginia, § 8.01-222.

All rights, privileges and properties of the City of Charlottesville heretofore acquired and possessed, owned and enjoyed by any act now in force, not in conflict with this act, shall continue undiminished and remain vested in said city under this act; and all laws, ordinances and resolutions of the corporation of Charlottesville now in force, and not inconsistent with this act, shall be and continue in full force and effect in the City of Charlottesville, until regularly repealed.

The corporation court of the City of Charlottesville shall remain as it now exists and be held by the city judge at such times as are, or may be, designated by law, and the jurisdiction of said court shall be such as is now prescribed; provided, of course, that the power to abolish said court in accordance with the Constitution of the state is in no way hereby affected. And the City of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it now belongs.

Editor's note— Corporation courts have been abolished and replaced by the circuit courts. See Code of Virginia, § 17-116.1. The city is now a part of the sixteenth judicial circuit. See Code of Virginia, § 17-119.1:1.

The City of Charlottesville shall constitute a single school district. The school board of the city shall consist of seven members to be appointed by the council and there shall be at least one member from each ward of the city. The council shall appoint three members of the board to serve for a term of three years, two members to serve for a term of two years, and two members to serve for a term of one year from July 1, 1948, and all subsequent appointments shall be for a term of three years. Vacancies occurring otherwise than by expiration of the term of office shall be filled by the council for the unexpired term. No member shall be eligible to serve more than three successive full three year terms. The board shall have all powers and perform all duties granted to and imposed upon school boards of cities by general law.

(Acts 1948, Ch. 124)

Effect of amendment— The 1948 act added this section.

State Law reference— School boards, Code of Virginia, § 22.1-48 et seq.

The corporate authorities of said city be, and they are hereby, authorized and empowered to erect suitable dams and reservoirs, and to lay suitable pipes to supply said city with an adequate supply of water, and to establish and construct a sewerage system for said city; and for such purpose to acquire, either by purchase or by condemnation, according to the provisions of the general law for the condemnation of lands by incorporated cities, such lands and so much thereof as may be necessary for the aforesaid purposes.

All elections under this Charter shall conform to the general law of the state in regard to elections by the people.

State Law reference— Elections, Code of Virginia, § 24.1-1 et seq.

The property now belonging to the County of Albemarle within the limits of the City of Charlottesville shall be within and subject to the joint jurisdiction of the county and city authorities and officers, and shall not be subject to taxation by the authorities of either county or city; and if the county and city aforesaid cannot agree upon the terms of joint occupancy and use of such property in regard to which settlements may not have already been effected, the right of said city to such joint occupancy and use being hereby recognized, then the board of arbitration herein provided for shall determine the terms of such joint occupancy and use, and said board of arbitration shall determine what rights, if any, the city aforesaid has in all other county property; but this is subject to the recognition of the right of the city, as well as the county (through the district school board or otherwise) in the school property in Charlottesville school district; and nothing herein contained shall affect the rights of the inhabitants of said city to participate in the benefits of the Miller Manual Labor School in the Samuel Miller District in said county.

A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle County, one by the council of Charlottesville, and they to choose a third, is hereby established, whose duty it shall be to adjust and decide the matters hereinbefore submitted to them, and all such other questions as may arise between said city and county, growing out of the extension of the corporation limits, and the establishment of a city government. The awards of said arbitrators shall be entered upon the records as the judgments of the city court or the county circuit court, as the arbitrators may designate.

And it is further provided that the same person shall be eligible to and, if elected, may hold a county office and a city office, if the said offices be of the same nature, at the same time; provided, such officer lives within the city limits; and any person otherwise qualified, who is a resident of the City of Charlottesville, shall be eligible to election or appointment to any county office of Albemarle County.

The powers set forth in Code of Virginia, sections 15.1-837 through 15.1-907 as in force on January 1, 1970, are hereby conferred on and vested in the City of Charlottesville, Virginia. Should the powers granted by this section conflict with any provision contained in Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended [this Charter], then the provisions contained in this section shall control; provided, however, that in no event shall such a conflict be held to reduce or limit any powers heretofore possessed by the City of Charlottesville pursuant to Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended.

(Acts 1962, Ch. 56; Acts 1964, Ch. 137; Acts 1970, Ch. 93)

Effect of amendments— The 1962 act added this section.

The 1964 amendment added the references to title 15.1 of the Code of Virginia.

The 1970 amendment deleted references to certain individual sections of title 15.1 and adopted all sections from 15.1-837 through 15.1-907.

(a)

Search warrants. In addition to the means and conditions under which search warrants may be issued pursuant to provisions of general law, a justice of the peace [magistrate], or a judge of any court having jurisdiction of the trial of cases to whom complaint is made, if satisfied that there is a reasonable cause therefor, shall issue a warrant to search specified places for the following conditions: Violations of ordinances of the City of Charlottesville related to health and safety, of persons and property including violations of ordinances concerning minimum housing standards, health and sanitation regulations, and Plumbing, Building, and Fire Prevention Codes.

A search warrant issued pursuant to the authority granted in this Charter section shall be directed to persons charged with the responsibility of enforcing state statutes and local ordinances relating to health and safety of persons and property and shall command such person to search the place or places described therein for violations of state statutes and local ordinances relating to health and safety of persons and property.

(b)

Affidavit preliminary to issuance of search warrants. No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the area, house, place, vehicle or baggage to be searched, the things or conditions to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense or group of potential offenses in relation to which such search is to be made. Facts which may be pertinent are

(1)

department or board experience showing the need of periodic area inspections,

(2)

the pattern of the last inspections made, and

(3)

department or board judgment that an inspection is now needed, particularly in light of the time elapsed since the last inspection.

Such affidavit shall be certified by the clerk of the corporation [circuit] court of the City of Charlottesville and shall by said clerk be preserved as a record and shall at all times be subject to inspection by the public. For the purposes of this section, probable cause shall be satisfied upon the showing of the reasonableness of a need to conduct periodic area-wide inspections with respect to health and safety of persons and property.

(Acts 1970, Ch. 93)

Effect of amendment— The 1970 act added this section.

General provisions of law notwithstanding, the planning commission and members of boards or agencies appointed by city council, the mayor, or by the city manager, who serve without pay and who serve only for the purpose of making studies or recommendations, or advising or consulting with city council, shall not be prohibited from such service merely because they contract directly or indirectly with the city. Any such member of an advisory board or agency who knows, or may reasonably be expected to know, that he has a material financial interest in any transaction in which the agency of which he is an officer or employee is or may be in any way concerned, shall disclose such interest and disqualify himself from voting or participating in any official action thereon in behalf of such agency. If disqualifications in accordance with this section leave less than the number required by law to act, the remaining member or members shall have authority to act for the agency by majority vote, unless a unanimous vote of all members is required by law in which case authority to act shall require a unanimous vote of remaining members.

(Acts 1970, Ch. 93)

Effect of amendment— The 1970 act added this section.

Notwithstanding any provision of law to the contrary, the terms of all the commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on June thirty, nineteen hundred seventy-eight; and thereafter there shall be not less than five nor more than seven members of the Board of Commissioners.

Commissioners shall hold their offices at the pleasure of council for terms not to exceed four years; provided, that the city council may at any time, and from time to time, adopt an ordinance terminating the terms of all the commissioners and designating one or more council members as commissioners of the Charlottesville Redevelopment and Housing Authority. The remaining members of the Board, if any, shall be appointed by council from the public at large. The Board shall possess all powers and duties granted to or imposed upon redevelopment and housing authorities by general law; provided that notwithstanding any other provision of law to the contrary, a city council member shall receive no compensation for serving as a commissioner of such Authority, nor shall he continue to serve as a commissioner after he ceases to be a member of city council.

(Acts 1978, Ch. 709; Acts 1990, H.B. No. 34, § 1)

Effect of amendment— The 1978 act added this section and the 1990 act amended it to read as set out above.

A.

The city council by ordinance may prohibit or regulate loud, disturbing or excessive noises originating within its jurisdiction. Such ordinance may prescribe the decibel levels, degrees or types of sound which are unacceptable within the city limits, but the ordinance must exempt from its prohibitions during the daytime (6:00 a.m. to 10:00 p.m.) the following:

1.

Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.

2.

Athletic contests and other officially sanctioned activities in city parks.

3.

Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.

4.

Gardening, lawn care, tree maintenance or removal and other landscaping activities.

5.

Church bells or carillons.

6.

Religious or political gatherings and other activities protected by the First Amendment of the United States Constitution.

7.

Activities for which the regulation of noise has been preempted by federal law.

8.

Public and private transportation, refuse collection and sanitation services.

B.

The decibel level of any such noise may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding. The accuracy of the sound level meter may be tested by a calibrator. In any court or legal proceedings in which the accuracy of the calibrator is in issue, the court shall receive as evidence a sworn report of the results of any test of the calibrator for accuracy. Such report shall be considered by the court or jury in determining guilt or innocence.

C.

Any individual operating a sound level meter pursuant to the provisions of this section and the local noise ordinance shall issue a certificate which will indicate:

1.

that the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;

2.

that the city has on file a sworn report which states that the sound level meter has been tested within the past twelve months and has been found to be accurate;

3.

the name of the accused;

4.

the location of the noise;

5.

the date and the time that the reading was made; and

6.

the decibel level reading.

The certificate, as provided for in this section, when duly attested by the operator taking the decibel level reading, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of such certificate shall be delivered to the accused upon his or his attorney's request.

(Acts 1989, Ch. 122, § 1)

Effect of amendment— The 1989 act added this section.

A.

Notwithstanding the provisions of any state law which authorize civil penalties for the violation of a local zoning ordinance, City Council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without approval by the board of architectural review or City Council, when such building or structure is subject to the City's historic preservation zoning ordinance. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.

B.

An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.

C.

The defendant may, within twenty-one days after the filing of the petition, file an answer and without admitting liability, agree to restore the building or structure, as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.

D.

Nothing in this section shall preclude action by the zoning administrator under Virginia Code, section 15.1-491(d) or by the governing body under Virginia Code, section 15.1-499, either by separate action or as a part of the petition seeking a civil penalty.

(Acts 1990, S.B. No. 17, § 1)

Effect of amendment— The 1990 act added this section.

In addition to the powers granted by other sections of this Charter and any other provision of law, the City shall have the power:

(a)

To make grants and loans of funds to low- or moderate-income persons to aid in the purchase of any land, building, dwelling, or dwelling unit in the City; and to offer real estate tax deferral to low- or moderate-income persons who own any land, building, dwelling, or dwelling unit within the City. The City shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this subsection; and

(b)

To make grants of funds to owners of dwellings or dwelling units in the city for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low- or moderate-income person.

For purposes of this section, the phrase "low- or moderate-income persons" shall have the same meaning as the phrase "persons and families of low and moderate income" as that phrase is used in the Virginia Housing Development Authority Act, and shall be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program.

In addition to being able to exercise the above-mentioned powers with City funds, the City is authorized to participate in any state or federal program related thereto and to use state, federal, or private funds in the exercise of such powers.

The expenditure of any public funds as authorized in this section is hereby declared to be in furtherance of a public purpose.

(Acts 2006, Ch. 268; H.B. 998; S.B. 202)

If any clause, sentence, paragraph, section or part of this act be held invalid by a court of last resort of this state in proper case such invalidity shall not affect or invalidate any other clause, sentence, paragraph or part of this act but shall be confined exclusively to the portion so held invalid.

 This table shows the location of the sections of the basic Charter and any amendments thereto.

A new Charter is hereby provided for the City of Charlottesville in the form and manner following:

So much of the land that lies and is contained in the following boundaries: Beginning at a cross on rock on hill ninety-two feet southeast of center line of traveled way Ridge Street a corner to the present corporation line, thence with it north thirty-two degrees thirty minutes west at five hundred and twenty-one feet Old Lynchburg Road at one thousand three hundred and six feet Seven and One-half Street S.W. extended in all three thousand one hundred fifty-two and four-tenths feet to a stake east bank of a small branch and north forty degrees east seventy-six feet from center of top of manhole, thence new lines south thirty-five degrees thirty-eight minutes west two hundred thirteen and seven-tenths feet to a stake, south thirty-eight degrees eight minutes west one thousand one hundred nineteen and two-tenths feet to a stake, south eighty-nine degrees forty-seven minutes west two hundred thirteen and seven-tenths feet to a stake sixteen feet northeast of branch, thence crossing branch south eighty-two degrees thirty-nine minutes west one hundred eighty-five and six-tenths feet to a stake north eighty-seven degrees forty-four minutes west three hundred thirty-four feet to a stake south eighty-nine degrees forty-seven minutes west two hundred and five-tenths feet to a stake south sixty-five degrees thirty-nine minutes west one hundred sixty-two and three-tenths feet, south fifty-six degrees forty-seven minutes west one hundred ninety-seven and two-tenths feet south fifty-four degrees twenty-three minutes west three hundred forty-three and two-tenths feet to a stake, south forty-four degrees fifty-eight minutes west eight hundred thirty-seven feet to a stake fourteen feet beyond a branch and twenty-five feet beyond a large poplar, side line, thence south twenty degrees twenty-two minutes west at four hundred ninety-six feet a small fore and aft pine in all one thousand and nine and five-tenths feet to a stake, south seventeen degrees thirty-eight minutes east one thousand three hundred four feet to a stake in Martin's lot one hundred eighty and four-tenths feet beyond an iron in Harris Road, thence through Martin's, Misses Harris and Monte Vista south sixty-one degrees fifty-two minutes west one thousand six hundred eighty-one and two-tenths feet to a stake, thence through Monte Vista and Jefferson Park north forty-three degrees eight minutes west at one hundred thirty-two and one-tenth feet a point which is south twelve west seventeen and six-tenths feet from iron at southwest corner Harry Gay lot at end of Monte Vista Avenue at six hundred eighty-two and two-tenths feet Old Lynchburg Road in all one thousand five hundred fifty-nine feet to a stake back of Eton Circle, thence north twenty-three degrees nineteen minutes west four hundred twelve and seven-tenths feet to a stake in lot No. 39 (J. M. Clark & Sons) six and four-tenths feet beyond line of lot No. 40 (Johnson), thence north two degrees forty minutes west at one hundred forty-four feet a stake in line of lot No. 38 (Blume) and two hundred twenty-seven and eight-tenths feet from iron on Hill Top Road a corner of Clark, and Blume, at two thousand and ninety-seven feet a stake in north edge Stribling Avenue fifty-one and seven-tenths feet west of iron corner to Lovell, at two thousand five hundred seven and six-tenths feet center Southern R. R. one thousand ninety-seven feet northeast from mile post 114, at three thousand three hundred eleven and five-tenths feet stake north margin state road No. 29, one hundred twenty-eight and nine-tenths feet west of iron at corner Piedmont Street, at four thousand one hundred seventy-eight feet Old Lynchburg Road one hundred twenty-six feet west of iron, thence crossing said road to its northern margin in the same line to a point, thence in an easterly direction along the northern margin of said road to the western boundary of the University of Virginia lands; thence with the dividing line between the lands of the University of Virginia and Homer Richey in a northerly and westerly direction to a point on the line which crosses U.S. 29 and previously described as having a course of north two degrees forty minutes west; thence with said line north two degrees forty minutes west to an iron fifty-one and eight-tenths feet beyond center of Observatory Road, thence a line north thirty-seven degrees fifty-eight minutes east to the line of the property of W. C. Chamberlain, thence in an easterly direction with said Chamberlain line to the eastern margin of the cemetery road, thence with the eastern margin of said cemetery road in a northwesterly and northeasterly direction to the southern margin of state road No. 250; thence crossing said road to an iron thirty feet from the center of same, said crossing of the center line of Ivy Road being approximately seven hundred seventy-two feet east of the center of the underpass on the Owensville Road; thence through Massie and Duke north sixty degrees thirty-four minutes east three hundred seventy-seven and six-tenths feet to an iron in the center C.&O.R.R. nine hundred forty-five feet east of center bridge over Owensville Road and one thousand eight hundred and one feet west of center bridge over state road No. 29; thence north seventy-four degrees forty-five minutes east one thousand five hundred and seven and four-tenths feet to stake north thirty-nine degrees forty-nine minutes east two hundred fifty-five and eight-tenths feet to a stake, north one degree fifty minutes east two hundred forty-one and six-tenths feet to a stake, north twenty-four degrees fifty-one minutes east one thousand two hundred eighty-four feet to a stake and small sassafras pt. on hill, north forty-one degrees six minutes east four hundred seventy-four and three-tenths feet to a stake and small sassafras pt. on hill, north forty-one degrees fifty-one minutes east five hundred and one and six-tenths feet to a stake twenty-six feet left of Meadow Creek north twenty degrees fifty-three minutes east three hundred thirty-two feet to a stake, thence crossing Meadow Creek north fifty-seven degrees sixteen minutes east one hundred and eight and nine-tenths feet to a stake, north forty-seven degrees fifty-four minutes east two hundred and five feet to stake, thence recrossing Meadow Creek north fifty-three degrees fourteen minutes east three hundred fifty and five-tenths feet to nail in center Barracks Road two hundred ninety-two feet north and west from center state road No. 29, thence through Siegfried north thirty-one degrees fifty-four minutes east nine hundred twenty-one and five-tenths feet to stake, thence south eighty degrees forty minutes east at three hundred and two and four-tenths feet center state road No. 29, thence through Virginia Earhart, City of Charlottesville, and Meadow Brook Hills, in all two thousand one hundred thirty-six feet to a stake in Meadow Brook Hills, thence north seventy-two degrees twenty minutes east four hundred ninety-nine and one-tenth feet to an iron in south edge macadam Hydraulic Road (Rugby Road extended), thence with the southern margin of Hydraulic Road in an easterly direction to its intersection with the northern margin of Dairy Road projected, thence in an easterly direction with the northern margin of Dairy Road to its intersection with the eastern margin of Hill Top Road, thence in a southerly direction with the eastern margin of Hill Top Road, to a concrete monument on said road at a point which is south fifteen degrees thirty-three minutes from a stake located ten feet southeast of a large poplar south of Dairy Road to its intersection with the eastern margin of Hill Top Road, of Gentry Woods, thence through Rugby Hills and E. K. O'Brien tracts south thirty-five degrees twenty-eight minutes east to the western line of the McIntire municipal park, thence in a northeasterly, southeasterly and southerly direction with the northwesterly, northerly and easterly lines of the McIntire municipal park to a concrete monument of Schenk's Branch, thence south eighty-one degrees thirty-one minutes east crossing an iron in Park Street, extended, sixty-seven and eight-tenths feet southwest from the southwest corner of a capstone on the north rock column of the Wilder most northerly entrance, and continuing thence by the same course through the lands of Wilder to a stake in Smith's land two hundred thirty and six-tenths feet northwest of the iron corner at the present corporation line at the end of Locust Avenue, thence south eight degrees twenty minutes south two hundred thirty and six-tenths feet to iron at end of Locust Avenue corner present corporation line in all three thousand one hundred twenty-six and five-tenths feet to a point on outside edge of five-foot cement walk and one and six-tenths feet from its northwest corner at southwest corner bridge over the Rivanna River, thence through Albemarle golf course south thirteen degrees one minute west three hundred ten and eight-tenths feet to stake near west bank Rivanna River, thence south thirty-eight degrees twenty-four minutes west two hundred eighty-nine and three-tenths feet to stake, south twenty-one degrees twenty-nine minutes west three hundred eighty-six and one-tenth feet to a stake, south one degree thirty-four minutes west three hundred fourteen feet to stake, south four degrees thirty-six minutes west three hundred ninety-four and seven-tenths feet to stake, south nineteen degrees thirty-nine minutes west three hundred fifty-five and four-tenths feet to stake, south twenty-two degrees two minutes west two hundred fifty-seven and four-tenths feet to a stake, and south seven degrees thirty minutes east one hundred thirty-six and five-tenths feet to a stake, thence leaving river south twenty-five degrees forty-one minutes west at one thousand four hundred ninety-six feet center concrete Woolen Mills Road, thence through N. F. Leake & c. at two thousand five hundred eighty-seven and six-tenths feet iron center C.&O.R.R. one thousand one hundred nineteen and five-tenths feet east of Richmond and Clifton Forge division sign, thence through Horace Ferron, & c. at two thousand seven hundred fifty-eight and seven-tenths feet an iron in all three thousand and fifty-nine and three-tenths feet to iron in north bank Carlton Road, thence in a southeasterly direction to a point on Franklin Street, which point is one hundred fifty feet east of the eastern margin of Nassau Street, thence a line in a southwesterly direction one hundred fifty feet east of and parallel to the eastern margin of Nassau Street, thence continuing said line in a westerly direction one hundred fifty feet south of and parallel to the southern margin of Nassau Street to its intersection with the eastern margin of Monticello Road, thence in a southerly direction with the eastern margin of Monticello Road to a monument opposite the southern margin of the old Quarry Road, thence in a westerly direction with the southern margin of said old Quarry Road, to a concrete monument between Rockland and Palatine Avenues, thence a line north fifty-nine degrees five minutes west to an iron in the east bank of the old Scottsville Road or Sixth Street, S.E., thence with present corporate line north seventy-eight degrees fifty minutes west two thousand three hundred forty-two feet to the beginning, shall be and is hereby, made the City of Charlottesville; and the inhabitants of the City of Charlottesville for all purposes for which towns and cities are incorporated in this commonwealth, shall continue to be one body, politic in fact and in name, under the style and denomination of the City of Charlottesville, and as such shall have all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent and pertaining to said city as a municipal corporation; and by that name may sue and be sued, and be subject to all the provisions of the Code of Virginia, except so far as may be herein otherwise provided.

Editor's note— The boundaries described in this section do not reflect the boundaries established by the last court order of annexation. The present boundary description can be found in the records of the Circuit Court of Albemarle County, Virginia.

The grounds, walks, driveways and all the land which on January 1, 1939, belonged to "Rector and Visitors of the University of Virginia," a corporation, although embraced within the boundaries of the City of Charlottesville as described in section 2, shall nevertheless be deemed to be excluded therefrom and shall be, remain and continue in all respects and for all purposes a part of the County of Albemarle; provided, that this exception shall not apply to any of the lands now used and embraced within the streets and roads known as West Main Street, Fry's Spring Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250, State Highway No. 29, nor any sidewalks on such roads, nor to any portion of the right of way of the Chesapeake and Ohio Railroad, and all of said streets, roads and rights of way within the boundary lines set out in section 2 hereof shall be in and a part of the City of Charlottesville.

(Acts 1948, Ch. 124)

Effect of amendment— The 1948 amendment substituted "which on January one, nineteen hundred thirty-nine belonged" for "belonging," near the beginning of the section.

The said city shall be divided into wards as now constituted, but the number of wards may be hereafter increased or diminished and the boundaries thereof changed by the city council as authorized by law.

State Law reference— Establishment of wards, Code of Virginia, § 15.1-803; election districts or precincts, § 24.1-36 et seq.

(a)

The municipal authorities of the said city shall consist of a council of five members, one of whom shall be mayor, as hereinafter set forth, unless and until this form be changed in manner prescribed by law, a clerk of the corporation [circuit] court, a commonwealth's attorney, a treasurer, a sheriff and a commissioner of revenue, who shall be elected by the qualified voters of the City of Charlottesville at elections held at the intervals and on the day prescribed for such elections by the laws of the state. All persons who are qualified voters of the City of Charlottesville shall be eligible to any of the said offices. The terms of offices of all of said officers shall begin and continue for such length of time as is prescribed by law; provided, that any of said officers shall be eligible to one or more offices to which he may be elected or appointed by the council. All the corporate powers of said city shall be exercised by said council, or under its authority, except as otherwise provided herein.

(b)

The form of government for said city shall be the city manager plan as follows: All corporate powers, legislative and executive authority vested in the City of Charlottesville by law shall be and are hereby vested in a council of five members to be elected at large from the qualified voters of the city, except as hereinafter provided.

(c)

Each of said councilmen shall receive an annual salary to be set by the council, not to exceed thirty-six hundred dollars each (except the president of said council, who shall be mayor, and shall receive a salary not to exceed forty-eight hundred dollars) from the city for their services.

(d)

In accordance with the general laws of the commonwealth, the election of councilmen shall be held in May of 1972, and biennially thereafter. At the election in May of 1972, there shall be elected three members of council, and at the election in May of 1974, there shall be elected two members of council to fill vacancies occurring on the first of July in the respective years in which they are elected. The term of office of the councilmen shall be four years. The members of the council on the effective date of this Charter amendment are hereby confirmed in office until the first day of July in the final year of the term of office for which they were elected.

(e)

It shall be the duty of the said council of five members to elect a city manager, at the salary to be fixed by them, who shall serve at the pleasure of the council.

(f)

Subject to general control by the council as provided in subsection (b) hereof, the city manager shall have full executive and administrative authority and shall have the right to employ and discharge all employees under his control. All departments of city government, including the fire department and police department, shall be under the general supervision of the city manager. The city manager shall give a bond for the faithful performance of his duties in such sum as the council may require. Subject to the general power of the council as provided in subsection (b) hereof and except as the council may by ordinance otherwise provide, the city manager shall have the powers vested in city managers by Code of Virginia, sections 15.1-926 and 15.1-927 and general laws amendatory thereof.

(g)

Said council shall elect a director of finance who shall serve at the pleasure of the council and who shall superintend the fiscal affairs of the city, and shall manage the same in the manner required by the council.

In all other respects the said council shall have and be vested with the same authority heretofore exercised by the council, and in all other respects their duties and liabilities shall be regulated by the existing laws, not in conflict therewith.

(Acts 1950, Ch. 143; Acts 1962, Ch. 463; Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1974, Ch. 7)

Effect of amendments— The 1950 amendment substituted, in subsection (b), "and executive" for "financial and police" and made many changes in subsection (f), including the addition of the second sentence therein.

The 1962 amendment raised the compensation of councilmen from three hundred dollars per year to twelve hundred dollars per year and that of the mayor from five hundred dollars per year to fifteen hundred dollars per year.

The 1964 amendment deleted the civil and police justice from subsection (a) and rewrote the language of subsection (a); changed "modified commission plan" to "city manager plan" in subsection (b); deleted provisions in subsection (d) authorizing the mayor to preside and vote on all questions; and changed "§§ 15-435 and 15-436" to "§§ 15.1-926 and 15.1-927" in subsection (f).

The 1972 amendment changed "sergeant" to "sheriff" and deleted "two justices of the peace" in subsection (a), completely rewrote subsection (d) and changed the terms of office of the city manager and director of finance from two years to "the pleasure of the council."

The 1974 amendment changed the compensation of councilmen to an amount to be set by the council, not to exceed thirty-six hundred dollars per year, and that of the mayor not to exceed forty-eight hundred dollars per year.

The council shall have authority to order, by resolution directed to the corporation [circuit] court of the city or the judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution, the corporation [circuit] court of the city or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the corporation [circuit] court of the city, he shall forthwith certify that fact to the court or judge thereof in vacation. Upon the certification of such petition the corporation [circuit] court of the city or the judge thereof in vacation, shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the corporation [circuit] court of the city to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment.

Nothing contained in this section shall be construed as affecting the provisions of section 14-a of this Charter.

(Acts 1960, Ch. 327; Acts 1962, Ch. 332)

Effect of amendments— The 1960 Act added this section. The 1962 amendment changed the procedure for verification of signatures on petitions.

There may be elected by the council such officers and clerks as said council deems proper and necessary, who shall serve at the pleasure of council, and any one or more of said offices may be held and exercised by the same person. It may be competent for the council, in order to secure the services of a suitable person, to elect nonresidents, but such officer, other than the clerk of the council, shall reside in the city during his tenure of office.

(Acts 1972, Ch. 184; Acts 2010, Ch. 217)

Effect of amendment— The 1972 amendment changed the term of office from two years to "the pleasure of the council."

The councilmen, and other officers elected by the people shall each, before entering upon the duties of their offices, take the oaths prescribed for all other officers by laws of Virginia, and qualify before the corporation [circuit] court of said city, or the judge thereof in vacation, and in the cases of the mayor and councilmen a certificate of such oaths having been taken, shall be filed by them, respectively, with the clerk of the council, who shall enter the same upon the journal thereof; but if any or either of said officers shall fail to qualify, as aforesaid, for ten days after the commencement of the term for which he, or they, were elected, or shall neglect for a like space of time to give such bond as may be required of him, his office or their offices shall be deemed vacant.

State Law reference— Oath required, Code of Virginia, § 15.1-38; form of oath, § 49-1.

Whenever, from any cause, a vacancy shall occur in the office of mayor it shall be filled by the council and a vacancy in the office of councilmen shall be filled by that body at its next regular meeting from the qualified electors of said city, and the officer thus elected shall hold his office for the term for which his predecessor was elected, unless sooner vacated by death, resignation, removal, or from other causes. An entry of said election shall be made in the record book. If the mayor of said city or a councilman shall remove from the city limits, such removal shall operate to vacate his office.

At its first meeting in July, 1972, and biennially thereafter, the council shall elect one of its members to act as president, who shall preside at its meetings and continue in office two years. Or if a vacancy occur in the office before the end of his term, such vacancy shall be filled as provided in section 8.

At the same time the council shall elect one of its members to be a vice-president, who shall preside at such meetings in the absence of the president, and who, when the president shall be absent or unable to perform the duties of his office, by reason of sickness, or other cause, shall perform any and all duties required of, or entrusted to, the president. The president, or the vice-president, when authorized, as above stated, to act, shall have power at any time to call a meeting.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed "September" to "July" and "1922" to "1972" in the first sentence and "section seven" to "section eight" at the end of the second sentence.

Three councilmen shall constitute a quorum for the transaction of business at any meeting of that body.

The president, or vice-president, as the case may be, shall be entitled to a vote on all questions as any other member, but in no case shall he be entitled to a second vote on any question, though it be necessary to break a tie—that is to say, his office shall not entitle him to a vote.

The council shall have authority to adopt such rules and to appoint such officers and clerks as it may deem proper for the regulation of its proceedings, and for the convenient transaction of business, to compel the attendance of absent members, to punish its members for disorderly behavior, and by vote of two-thirds of all the members elected to it, expel a member for malfeasance or misfeasance in office. The council shall keep a journal of its proceedings, and its meetings shall be open, except when it votes to hold an executive or closed session pursuant to general law. The council shall also require to be kept by its clerk a separate book, termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and opened to the public inspection. Other documents or papers in the possession of the clerk of the council which may affect the interest of the city, shall not be exhibited nor copies thereof furnished, except as may be required by general law.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment rewrote the second and last sentences of this section regarding executive sessions and exhibition of documents and papers.

State Law reference— General requirement for open meetings, Code of Virginia, § 2.1-343; executive or closed meetings, § 2.1-344.

At each regular meeting of the council the proceedings of the last regular meeting and all intervening called meetings, shall be presented, and thereupon be corrected, if erroneous, and signed by the person presiding for the time being.

Upon the call of any member the ayes and noes shall be recorded in the journal.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed the word "read" to "presented" in the third line of this section.

The council of the city, except as hereinbefore provided, shall have the power within said city to control and manage the fiscal and municipal affairs of the city and all property, real and personal, belonging to said city; they shall have power to provide a revenue for the city, and appropriate the same to its expenses, also to provide the annual assessments of taxable persons and property in the city, and it may make such ordinances, orders, and bylaws relating to the foregoing powers of this section as it shall deem proper and necessary. They shall likewise have power to make such ordinances, bylaws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them:

First. Streets and sidewalks—Generally. To close, extend, widen, narrow, lay out, grade, improve and otherwise alter streets and public alleys in the said city, and have them properly lighted and kept in good order, and it may make or construct sewers or ducts through the streets or public grounds of the city, and through any place, or places whatsoever, when it may be deemed expedient by the said council. The ownership of any land included in any street that is closed shall be in accord with general law. The said council may have over any street or alley in the city, which has been, or may be ceded to the city, like authority as over streets or alleys, and may prevent or remove any structure, obstruction or encroachment over, or under, or in a street or alley, or any sidewalk thereof.

Second. Same—Obstructions; cleaning sidewalks. To prevent the cumbering of the streets, avenues, walks, public squares, lanes, alleys, or bridges in any manner whatsoever; to compel the occupant or owner of buildings or grounds to remove snow, dirt or rubbish from the sidewalks in front thereof.

Third. Fires and fire prevention. To extinguish and prevent fires, prevent property from being stolen, and to compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department for said city; to regulate the size of materials, and construction of buildings hereafter erected, in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure, or addition thereto which, by reason of dilapidation, defect of structure, or other causes, may have, or shall, become dangerous to life or property, or which may be erected contrary to law; to establish and designate from time to time fire limits, within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick or iron.

Fourth. Breadth of tires on vehicles. To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of every kind and description used upon the streets of said city.

Fifth. Preservation of health; hospitals; births and deaths. To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious diseases to hospitals provided for them; to provide for the appointment and organization of a board of health or other board to have the powers of a board of health for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the officers of the city have; to regulate the burial, cremation, or disposition of the dead; to compel the return of births and deaths to be made to its health department, and the return of all burial permits to such department.

Sixth. Cemeteries. To acquire by purchase, condemnation, or otherwise, either within or without the city, lands to be appropriated, improved and kept in order as places for the interment of the dead, and may charge for the use of the grounds in said places of interment, and may regulate the same; to prevent the burial of the dead in the city, except in public burying grounds; to regulate burials in said grounds; to require the keeping and return of bills of mortality by the keepers (or owners) of all cemeteries, and shall have power within the city to acquire by purchase, condemnation, or otherwise, such lands, and in such quantity as it may deem proper or necessary for the purpose of burying the dead; provided, however, that no part of such cemeteries, when established or enlarged, shall be within one hundred feet of any residence without the consent of the owner of the legal and equitable title of such residence, and provided further, that the provisions of Code of Virginia, ^[2] chapter 176, as now existing or hereafter amended, for condemnation of land thereunder so far as applicable shall apply to condemnation proceedings by the city hereunder.

The title to any land acquired by condemnation hereunder shall vest in the City of Charlottesville.

Seventh. Quarantine. To establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious diseases as the said council may see fit, subject to the laws of the state, and of the United States.

Eighth. Nuisances, etc. To require and compel the abatement and removal of all nuisances within the said city, or upon any property owned by said city, without its limits, at the expense of the person or persons causing the same, or the occupant or owner of the ground whereon the same may be; to prevent and regulate slaughterhouses, and soap and candle factories within said city, or the exercise of any dangerous, offensive or unhealthy business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust; to regulate the location of stables, and the manner in which they shall be constructed and kept.

Ninth. Stagnant water or offensive substances on property. If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or occupant thereon shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised, or drained, or may cause such substance to be covered or removed therefrom, and may collect the expense of so doing from the said owner or occupant by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected; provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners, who have no agent in said city, such notice may be given by publication for not less than ten days, in any newspaper published in said city, such publication to be at the expense of said owner, and cost thereof to be collected as a part of the expense hereinbefore provided for.

Tenth. Explosives and inflammables; carrying concealed weapons. To direct the location of all buildings for storing gunpowder or other explosives or combustible substances; to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosives or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons.

Eleventh. Animals and fowl generally. To prevent the running at large in said city of all animals and fowl, and to regulate and prohibit the keeping or raising of the same within said city, and to subject the same to such confiscation, levies, regulations and taxes as it may deem proper.

Twelfth. Use of streets; abuse of animals. Insofar as not prohibited by general law, to prevent the riding or driving of animals at improper speed, to regulate the speed and manner of use upon the streets of said city of all animals or vehicles; to prevent the flying of kites, throwing of stones, or the engaging in any employment or sport in the streets or public alleys, dangerous or annoying to the public, and to prohibit and punish the abuse of animals.

Thirteenth. Drunkards, vagrants and beggars. To restrain and punish drunkards, vagrants, mendicants and street beggars.

Fourteenth. Offenses generally. To prevent vice and immorality; to preserve public peace and good order; to prevent and quell riots; disturbances and disorderly assemblages; to suppress houses of ill fame, and gaming houses; to prevent lewd, indecent or disorderly conduct or exhibitions in the city, and to expel from said city persons guilty of such conduct.

Fifteenth. [Repealed by Acts 1972, Chapter 184.]

Sixteenth. Ordinances necessary for general welfare; effect on other powers. And the said council shall also have power to make such other and additional ordinances as it may deem necessary for the general welfare of said city; and nothing herein contained shall be construed to deprive said city of any of the powers conferred upon it, either by general or special laws of the State of Virginia, except insofar as the same may be inconsistent with the provisions of this Charter.

Seventeenth. Official bonds. Said council shall have power to require and take from such officers and employees, as they may see fit, bonds with security and in such penalty as they may prescribe, which bonds shall be made payable to the city by its corporate name, and conditioned for the faithful discharge of their duties; such bonds shall be filed with the clerk of the council.

Eighteenth. Gas works, waterworks and electric light works. Said council shall have power to erect, or authorize or prohibit the erection of gas works, waterworks, or electric light works, in or near the city, and to regulate the same.

Nineteenth. Pollution of water. To prohibit the pollution of water which may be provided for the use of the city.

Twentieth. Additional and incidental powers; jurisdiction beyond corporate limits. To pass all bylaws, rules and ordinances, not repugnant to the constitution and laws of the state, which they may deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens or their property, including authority to keep a city police force; and to do such other things, and pass such other laws as may be necessary or proper to carry into full effect any power, authority, capacity, or jurisdiction, which is, or shall be granted to, or vested in said city, or officers thereof, or which may be necessarily incident to a municipal corporation; and to enable the authorities of said city more effectually to enforce the provisions of this section, and any other powers conferred upon them by this Charter, their jurisdiction, civil and criminal, is hereby declared to extend one mile beyond the corporate limits of said city.

Twenty-first. Floating debt for installing or extending utilities. To create a floating debt not exceeding two hundred thousand dollars when, by a vote of the total membership of the council, the council has passed a resolution declaring it expedient to do so, and when the creating of the floating debt thereby provided for is for the purpose of installing, or extending, one or more public utilities, which constitute an asset, or assets, at least equal in value to the amount expended thereon, which utility, or utilities, shall materially add to the service rendered by the city to its taxpayers and other citizens; and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created, and failure to do this shall suspend this clause.

(Acts 1950, Ch. 413; Acts 1972, Ch. 184)

Effect of amendments— The 1950 amendment increased the amount of floating debt authorized by paragraph 21 from $100,000 to $200,000.

The 1972 amendment rewrote paragraphs 1 and 17 and repealed paragraph 15.

Before the Charlottesville Redevelopment and Housing Authority undertakes any public housing project within the city it shall obtain the approval of the council on each construction site, as hereinafter set forth. The application for approval shall have a plat, certified by a registered surveyor or engineer, or a plat prepared from the current city land book showing city parcel numbers of the land concerned and attested by the city assessor, attached to and made a part of such application. The plat shall identify the proposed site and show the proposed development of the site.

The council shall advertise for at least two weeks in a newspaper published in the city that the authority has applied for the approval of the council under this section and shall give notice therein of the time and place for a hearing on such request, which hearing shall be at least thirty days from the date of the first advertisement. The council may approve such application following such hearing.

(Acts 1960, Ch. 230; Acts 1962, Ch. 332; Acts 1970, Ch. 93; Acts 1973, Ch. 359)

Effect of amendments— The 1960 Act added this section.

The 1962 amendment completely rewrote the first paragraph of this section and made numerous changes in the second paragraph.

The 1970 amendment added a sentence repealed by the 1973 amendment.

The 1973 amendment eliminated voter authority to petition for a referendum on applications for approval of public housing projects.

After the effective date hereof [March 30,1962], it shall be unlawful to introduce fluorine, or sodium fluoride, or any compound or combination thereof into the city's public water system un- less the voters of the city approve the same in areferendum called and held under Code [of[Virginia], ^[3] section 24-141, as amended; such ref-erendum to be initiated by a petition seeking introduction of such chemicals filed with the council as hereinafter set forth. The petition shall be signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition. If a majority of the voters voting in the election approve, fluorine, sodium fluoride, or a compound thereof may be added to such water supply; but, if a majority so voting, vote against them then neither fluorine, sodium fluoride, nor any compound thereof shall be added to such water supply system. If a referendum is held hereunder another referendum thereon shall not be held until the expiration of two years.

(Acts 1962, Ch. 332)

Effect of amendment— The 1962 Act added this section.

The council may also borrow money in anticipation of the collection of the taxes and revenues in the city, in the amount or amounts not exceeding two hundred thousand dollars at any one time. The council may issue negotiable notes or other evidences of debt for all money borrowed under this section. Such notes or other evidences of debt may be renewed from time to time, but all such notes or other evidences of debt shall mature within twelve months. No money shall be borrowed under this section at a rate of interest exceeding six percent per annum, and it shall be the duty of the council to provide in the next bond issue for the bonding of the floating debt thus created.

(Acts 1950, Ch. 413)

Effect of amendment— The 1950 amendment increased the maximum amount which may be borrowed at any one time from $100,000 to $200,000.

Local assessments upon abutting landowners for making and improving the sidewalks upon the streets and improving and paving the alleys, and for either the construction or for the use of sewers, may be imposed not in excess of the peculiar benefits resulting therefrom to such abutting landowner. And the same shall be regulated as prescribed by the general laws.

To carry into effect the powers herein enumerated, and all other powers conferred upon said city and its council by the laws of Virginia, said council shall have power to make and pass all proper and needful orders, by-laws, and ordinances not contrary to the Constitution and laws of said state, and to prescribe reasonable fines and penalties, including imprisonment in the city jail, which fines, penalties or imprisonment shall be imposed, recovered and enforced by and under the civil and police justice (judge of the municipal court). The city may maintain a suit to restrain by injunction, the violation of any ordinance, notwithstanding such ordinance may provide punishment for its violation. In all cases where a fine or imprisonment is imposed by the civil and police justice (judge of the municipal court), or by the council, the party or parties so fined or imprisoned shall have the right of appeal to the corporation [circuit] court of said city. All fines imposed for the violation of the city Charter, by-laws, or ordinances, shall be paid into the city treasury.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment deleted a ninety day limitation on imprisonment and added "(judge of the municipal court)" following civil and police justice in the second and third sentences.

Editor's note— The "civil and police justice (judge of the municipal court)" referred to in this section is now the judge of the district court.

Each councilman, and the civil and police justice of said city, for the time being, are declared to be, and are hereby, constituted conservators of the peace within said city, and within one mile from the corporate limits thereof, and shall have all the powers and authority, in civil, as well as in criminal cases, as justices of the peace. And the chief of police and the policemen of the city shall also be conservators of the peace within the limits aforesaid, and all proper arrests may be made and warrants of arrest executed by such chief of police and policemen.

Editor's note— The civil and police justice mentioned in this section is now the judge of the district court. The office of justice of the peace has been abolished and replaced by the magistrate system. See Code of Virginia, § 19.2-26 et seq.

At least thirty days prior to the time when the annual tax levy or any part thereof is made, the council shall cause to be prepared a budget containing a complete itemized and classified plan of all proposed expenditures and all estimated revenues and borrowing for the ensuing appropriation year. Opposite each item of the proposed expenditures the budget shall show in separate parallel columns, the amount appropriated for the preceding appropriation year; the amount expended during that year, the amount appropriated for the current appropriation year and the increases and decreases in the proposed expenditures for the ensuing year as compared to the appropriation for the current year. This budget shall be accompanied by an itemized and complete financial balance sheet at the close of the last preceding appropriation year.

A brief synopsis of the budget shall be published in a newspaper published in the City of Charlottesville and notice given of at least one public hearing at least fifteen days prior to the date set for the hearing, at which any citizen of the said City of Charlottesville shall have the right to attend and state his views thereon. After such hearing is had, the council shall by appropriate order adopt and enter on the minutes thereof a synopsis of a budget covering all expenditures for the next appropriation year hereinbefore required. The said council shall order a city levy of so much money as in its discretion shall be sufficient to meet all just demands against the city.

State Law reference— Municipal budgets, Code of Virginia, § 15.1-159.8 et seq.

In order to execute its powers and duties and to meet the wants and purposes of the city, the council is hereby vested with power and authority to levy taxes upon persons, property, real and personal, privileges, businesses, trades, professions and callings and upon such other subjects of taxation and in such amounts as the council shall deem necessary and proper to provide such sums of money as they shall deem expedient without limitation as to subject, except such as may be expressly provided by general laws or constitutional provision and without limitation as to rate except such as may be provided by the Constitution of this state.

Taxes assessed against real estate subject to taxes shall be a lien on the property and the name of the person listed as owner shall be for convenience in collection of taxes. The lien for taxes shall not be limited to the interest of the person assessed but shall be on the entire fee simple estate. There shall be no lien when for any year the same property is assessed to more than one person and all taxes assessed against the property in one of the names have been paid for that year.

When taxes are assessed against land in the name of a life tenant or other person owning less than the fee or owning no interest, the land may be sold under the provisions of Code of Virginia, 1950, sections 58-1014 to 58-1020, 58-1101 to 58-1108, 58-762, as amended, or other laws for the sale of land for delinquent taxes provided the owner of record or his heirs be made parties to the proceeding for sale which may be instituted any time after December fifth of the year in which the taxes are assessed.

(Acts 1948, Ch. 124; Acts 1950, Ch. 413; Acts 1958, Ch. 111)

Effect of amendments— The 1948 amendment rewrote this section.

Prior to the 1950 amendment the first paragraph concluded with the words "without limitation as to subject or rate except such as may be provided by the laws of this state and of the United States."

The 1958 amendment added the last two paragraphs in this section.

Editor's note— The references to the Code of Virginia contained in the third paragraph above are obsolete. See now, the appropriate sections of title 58.1.

The council may each year make appropriation out of the city revenues of an amount not exceeding three cents on each one hundred dollars of the assessed value of the property in the city assessed for taxation for use in purposes which will, in the judgment of the council, advertise the city.

State Law reference— Expenditures for promoting resources and advantages of city, Code of Virginia, § 15.1-10.

License taxes may be imposed by ordinance on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof without limitation as to subject or rate except such as may be provided by the Constitution of this state and the Constitution of the United States.

License taxes not inconsistent with general law may be imposed upon vehicles using the streets of the city, and the council may prescribe a schedule of charges for vehicles using said streets for hire.

(Acts 1950, Ch. 413)

Effect of amendment— The 1950 amendment rewrote that portion of the section which follows the words "and the agent thereof."

State Law reference— Local license taxes, Code of Virginia, § 58.1-3700 et seq.

The revenue from these and other sources shall be collected, paid over, and accounted for at such times and to such persons as the council shall order, and pursuant to such ordinance as now exists or may hereafter be passed by the council. The city treasurer shall be the custodian of all the funds of the city.

At the end of each fiscal year and at such additional times as the council may direct, the council shall require the director of finance of the said corporation to make out a report of the receipts and expenditures, together with a balance sheet of said city for the preceding period, which report shall state on what account the expenditures were made, and from what source or sources the receipts were derived, which report when approved by the council, or in such manner as the council may direct, shall be published in one or more newspapers of the city within sixty days after the close of the period for which the report is presented.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed the time for the report from quarterly to the end of the fiscal year and such other times as the council may direct.

The council of said City of Charlottesville is hereby authorized to make and issue the registered or coupon bonds of said corporation, payable not exceeding forty years after their date, bearing interest at not more than five per centum per annum, payable semiannually; said bonds to be used exclusively in paying off and discharging the principal and interest of the present bonded debt of the corporation of Charlottesville. The said council shall not be authorized to dispose of such bonds at less than par value, except by a recorded affirmative vote of all the members elected to the council. Said registered and coupon bonds shall be regularly numbered, signed by the mayor, clerk and treasurer of the city, and recorded in a book kept for that purpose.

To provide for the payment of the bonded debt of the city there shall be set apart annually by the council from the revenues of the city such sum as will be sufficient to meet each issue of bonds, either heretofore or hereafter issued, as the same shall become due, except that for any issue of bonds a definite amount of which is payable annually and known as serial bonds, no sum shall be so provided; but for such serial bonds the council shall make in their annual budget definite provision for their payment. The funds thus set apart shall be paid in two equal installments on the first day of January and the first day of July in each year, to the sinking fund commissioners hereafter designated, and shall, together with the accretions thereto arising from interest on investments et cetera, be known as the sinking fund, and be held sacred for the payment of the debt of the city as it shall become due; and if no part of said debt be due or payable, said fund shall be invested in the bonds or certificates of debt of said city, or of this state, or the United States, or of some state of this union, or any other securities which under the laws of the State of Virginia are designated and approved for the investment of fiduciary funds; said fund shall, in the hands of the treasurer, as to all questions of investments, purchase or sale within the limitations of this section, be subject to the orders and the management of the mayor, chairman of the finance committee of the council, director of finance and treasurer, who together shall compose the sinking fund commission.

The council of said city may negotiate any loan or loans for the purpose of improving the streets, lighting the same, buying necessary real estate, erecting public buildings, supplying the city with water, sewerage, and for other purposes; and shall have authority to issue registered and coupon bonds, as well as serial, registered and coupon bonds, for the said loan or loans, payable not more than forty years after the date of said bonds, and said bonds shall bear interest payable semiannually; provided, that the council shall not negotiate such loan or loans, and issue bonds therefor, for sums which when added to the debt of the city then existing, shall cause the total indebtedness of the city to be greater than eighteen per centum of the assessed valuation of the real estate of the city subject to taxation, as shown by the last preceding assessment for taxes; provided, however, that in determining the limitation of the power of the city to incur indebtedness, there shall not be included the classes of indebtedness mentioned in subsections (a) and (b) of section 127 of the Constitution of the state. Whenever the question of the issuance of any bonds of said city is required by the Constitution of Virginia or by the action of the council of said city to be approved by the affirmative vote of a majority of the qualified voters of the city who vote upon the question of their issuance, such majority shall also include a majority of the votes cast by those taxpayers of the city at such election who pay a tax on real or personal property assessed at five hundred dollars or more. Such election shall be held and conducted in accordance with the law of Virginia regarding elections by the people.

(Acts 1950, Ch. 413; Acts 1970, Ch. 93)

Effect of amendments— The 1950 amendment rewrote that portion of the section which relates to the bond elections.

The 1970 amendment removed the five percent interest rate limitation.

Editor's note— The reference in this section to subsections (a) and (b) of section 127 of the state Constitution is a reference to the 1902 Constitution. For provisions of the 1971 Constitution exempting certain bonds from the 18% debt limitation, see Va. Const., art. VII, § 10.

The rights of the city in its gas, water and electric works, and sewer plant, now owned, or hereafter acquired, shall not be sold even after such action of the council as is prescribed by Code of Virginia of 1919, ^[4] section 3016, until and except such sale shall have been approved by a majority of the qualified voters of the city, voting on the question at a special election ordered by the council and subject in other respects to the provisions of section 24 [27] of this Charter applicable to a special election.

The city sheriff shall attend the terms of the corporation [circuit] court of said city and shall act as the officer thereof; the said sheriff may appoint one or more deputies, who may be removed from office by the sheriff, and may discharge any of the duties of the office of sheriff, but the sheriff and his sureties shall be liable therefor. The city sheriff shall also have all power and authority and perform all duties imposed by general law upon sheriffs and constables of cities.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment changed "sergeant" to "sheriff."

The officers of said city elected or appointed by the council shall, during the time they are in office have all the power and authority of like officers in the state under its general laws, unless the same be abridged or restricted by the council.

The mayor or the council may prohibit any theatrical or other performance, show or exhibition within said city or a mile of its corporate limits, which may be deemed injurious to morals or good order.

[Repealed by Acts 1972, Chapter 184.]

The judge of the municipal court of said city, and substitute judge of said court, shall each be appointed for a term of four years by the judge of the corporation court of the City of Charlottesville, except that the term commencing on January 1, 1974, shall expire June 30, 1974. Said judges shall have such jurisdiction as is provided by general law; they shall receive no fees for services as judge or substitute judge, but all such fees shall be turned into the city treasury. The judge shall also have jurisdiction of and try violations of the city ordinances, and inflict such punishment as may be prescribed for a violation of the same. The judge shall have authority to issue his warrant for the arrest of any person or persons violating any of the ordinances, acts or resolutions of said city; it shall be his duty especially to see that peace and good order are preserved, and persons and property are protected in the city; he shall have power to issue executions for all fines and costs imposed by him or he may require the immediate payment thereof. The judge shall hold his court daily, except Saturday and Sunday, at the place prescribed by the council. If from any cause the judge of said court shall be unable to act, the substitute judge shall discharge the duties prescribed herein during such inability. The judge and substitute judge shall receive a salary for their services, to be fixed and paid by the council.

All papers connected with any civil action or proceeding in the municipal court of this city, except those in actions or proceedings (1) in which no service of process is had, (2) which are removed or appealed, and (3) in which the papers are required by law to be sooner returned to the clerk's office of a court of record, shall be properly indexed, filed and preserved in the municipal court of the city.

The power of appointment, in the judge of the corporation court of the City of Charlottesville, shall become effective January 1, 1966, at the expiration of the term of the present incumbent.

(Acts 1964, Ch. 137; Acts 1972, Ch. 184; Acts 1973, Ch. 22)

Editor's note— Effective July 1, 1973, municipal courts of Virginia cities were abolished and replaced by district courts. See Code of Virginia, § 16.1-69.1 et seq.

The salaries of all officers who receive stated compensation for their services from the city shall be fixed by the council.

The council shall fix by ordinance the time for holding their stated meetings and no business shall be transacted at a special meeting, unless by unanimous consent, except that for which it shall have been called, and every call for a special meeting shall specify the object thereof.

The regulation and restrictions for granting any franchise in the city shall be such as are provided by the general law.

State Law reference— Franchises generally, Code of Virginia, §§ 15.1-307—15.1-316.

All monies belonging to said city shall be paid over to the treasurer, and no money shall be by him paid out except as the same shall have been appropriated and ordered to be paid by the council, and the said treasurer shall also pay the same upon warrants approved in such manner as may be prescribed by ordinance of the council.

If the said treasurer shall fail to account for and pay over all of the monies that shall come into his hands when thereto required by the council, it shall be lawful for the council, in the corporate name of the city, by motion before any court of record having jurisdiction in the City of Charlottesville, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city on ten days' notice.

All fines imposed for any violation of any city ordinance or state law shall be collected by the clerk of the civil and police justice [district] court; and if said clerk shall fail to collect, account for, and pay over all the fines in his hands for collection, it shall be lawful for the council to recover the same, so far as the same are accruing to the city, by motion, in the corporate name of the city, before the corporation [circuit] court of said city, against the said clerk, his sureties on his said bond, or any or either of them, his or their executors or administrators, on giving ten days' notice of the same.

The council shall have power to make such ordinances, by-laws, orders and regulations as they may deem necessary to prevent dogs, hogs and other animals from running at large in the limits of the city, and may subject the owners thereof to such fines, regulations and taxes as the council may deem proper, and may sell said animals at public auction to enforce the payment of said fines and taxes; and may order such dogs, as to which there is default, to be killed by a policeman or constable.

The city shall not take or damage any private property for streets, or other public purposes, without making to the owner, or owners, thereof just compensation for the same. But in all cases where the city council cannot by agreement obtain title to the ground necessary for such purposes, it shall be lawful for it to apply to the circuit court of the county in which the land shall be situated, or to the proper court of the city having jurisdiction of such matters, if the subject lie within the city, to condemn the same.

In every case where a street in said city has been or shall be encroached upon by any fence, building or otherwise, the city council may require the owner or owners, if known, and if unknown the occupant or occupants of the premises so encroaching to remove the same. If such removal shall not be made within the time ordered by the city council, it may impose a penalty of five dollars for each and every day that it is allowed to continue thereafter, and may cause the encroachment to be removed, and collect from the owner all reasonable charges therefor, with cost, for which there shall be a lien on the premises so encroaching, which lien may be enforced in a court of equity having jurisdiction of the subject. No encroachment upon any street, however long continued, shall constitute an adverse possession thereto, or confer any right upon the person claiming thereunder as against said city.

No action shall be maintained against the said city for damages for an injury to any person or property alleged to have been sustained by reason of the negligence of the city, or any officer, agent or employee thereof, unless a written statement of the claimant, his agent or attorney, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed, as provided by general law.

(Acts 1972, Ch. 184)

Effect of amendment— The 1972 amendment deleted the requirement that the statement of the claimant be certified by oath.

State Law reference— Notice requirements of general law, Code of Virginia, § 8.01-222.

All rights, privileges and properties of the City of Charlottesville heretofore acquired and possessed, owned and enjoyed by any act now in force, not in conflict with this act, shall continue undiminished and remain vested in said city under this act; and all laws, ordinances and resolutions of the corporation of Charlottesville now in force, and not inconsistent with this act, shall be and continue in full force and effect in the City of Charlottesville, until regularly repealed.

The corporation court of the City of Charlottesville shall remain as it now exists and be held by the city judge at such times as are, or may be, designated by law, and the jurisdiction of said court shall be such as is now prescribed; provided, of course, that the power to abolish said court in accordance with the Constitution of the state is in no way hereby affected. And the City of Charlottesville shall remain a part and parcel of the same legislative and senatorial district to which it now belongs.

Editor's note— Corporation courts have been abolished and replaced by the circuit courts. See Code of Virginia, § 17-116.1. The city is now a part of the sixteenth judicial circuit. See Code of Virginia, § 17-119.1:1.

The City of Charlottesville shall constitute a single school district. The school board of the city shall consist of seven members to be appointed by the council and there shall be at least one member from each ward of the city. The council shall appoint three members of the board to serve for a term of three years, two members to serve for a term of two years, and two members to serve for a term of one year from July 1, 1948, and all subsequent appointments shall be for a term of three years. Vacancies occurring otherwise than by expiration of the term of office shall be filled by the council for the unexpired term. No member shall be eligible to serve more than three successive full three year terms. The board shall have all powers and perform all duties granted to and imposed upon school boards of cities by general law.

(Acts 1948, Ch. 124)

Effect of amendment— The 1948 act added this section.

State Law reference— School boards, Code of Virginia, § 22.1-48 et seq.

The corporate authorities of said city be, and they are hereby, authorized and empowered to erect suitable dams and reservoirs, and to lay suitable pipes to supply said city with an adequate supply of water, and to establish and construct a sewerage system for said city; and for such purpose to acquire, either by purchase or by condemnation, according to the provisions of the general law for the condemnation of lands by incorporated cities, such lands and so much thereof as may be necessary for the aforesaid purposes.

All elections under this Charter shall conform to the general law of the state in regard to elections by the people.

State Law reference— Elections, Code of Virginia, § 24.1-1 et seq.

The property now belonging to the County of Albemarle within the limits of the City of Charlottesville shall be within and subject to the joint jurisdiction of the county and city authorities and officers, and shall not be subject to taxation by the authorities of either county or city; and if the county and city aforesaid cannot agree upon the terms of joint occupancy and use of such property in regard to which settlements may not have already been effected, the right of said city to such joint occupancy and use being hereby recognized, then the board of arbitration herein provided for shall determine the terms of such joint occupancy and use, and said board of arbitration shall determine what rights, if any, the city aforesaid has in all other county property; but this is subject to the recognition of the right of the city, as well as the county (through the district school board or otherwise) in the school property in Charlottesville school district; and nothing herein contained shall affect the rights of the inhabitants of said city to participate in the benefits of the Miller Manual Labor School in the Samuel Miller District in said county.

A board of arbitrators composed of three members, one to be selected by the board of supervisors of Albemarle County, one by the council of Charlottesville, and they to choose a third, is hereby established, whose duty it shall be to adjust and decide the matters hereinbefore submitted to them, and all such other questions as may arise between said city and county, growing out of the extension of the corporation limits, and the establishment of a city government. The awards of said arbitrators shall be entered upon the records as the judgments of the city court or the county circuit court, as the arbitrators may designate.

And it is further provided that the same person shall be eligible to and, if elected, may hold a county office and a city office, if the said offices be of the same nature, at the same time; provided, such officer lives within the city limits; and any person otherwise qualified, who is a resident of the City of Charlottesville, shall be eligible to election or appointment to any county office of Albemarle County.

The powers set forth in Code of Virginia, sections 15.1-837 through 15.1-907 as in force on January 1, 1970, are hereby conferred on and vested in the City of Charlottesville, Virginia. Should the powers granted by this section conflict with any provision contained in Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended [this Charter], then the provisions contained in this section shall control; provided, however, that in no event shall such a conflict be held to reduce or limit any powers heretofore possessed by the City of Charlottesville pursuant to Chapter 384 of the Acts of Assembly of 1946, approved March 28, 1946, as amended.

(Acts 1962, Ch. 56; Acts 1964, Ch. 137; Acts 1970, Ch. 93)

Effect of amendments— The 1962 act added this section.

The 1964 amendment added the references to title 15.1 of the Code of Virginia.

The 1970 amendment deleted references to certain individual sections of title 15.1 and adopted all sections from 15.1-837 through 15.1-907.

(a)

Search warrants. In addition to the means and conditions under which search warrants may be issued pursuant to provisions of general law, a justice of the peace [magistrate], or a judge of any court having jurisdiction of the trial of cases to whom complaint is made, if satisfied that there is a reasonable cause therefor, shall issue a warrant to search specified places for the following conditions: Violations of ordinances of the City of Charlottesville related to health and safety, of persons and property including violations of ordinances concerning minimum housing standards, health and sanitation regulations, and Plumbing, Building, and Fire Prevention Codes.

A search warrant issued pursuant to the authority granted in this Charter section shall be directed to persons charged with the responsibility of enforcing state statutes and local ordinances relating to health and safety of persons and property and shall command such person to search the place or places described therein for violations of state statutes and local ordinances relating to health and safety of persons and property.

(b)

Affidavit preliminary to issuance of search warrants. No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the area, house, place, vehicle or baggage to be searched, the things or conditions to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense or group of potential offenses in relation to which such search is to be made. Facts which may be pertinent are

(1)

department or board experience showing the need of periodic area inspections,

(2)

the pattern of the last inspections made, and

(3)

department or board judgment that an inspection is now needed, particularly in light of the time elapsed since the last inspection.

Such affidavit shall be certified by the clerk of the corporation [circuit] court of the City of Charlottesville and shall by said clerk be preserved as a record and shall at all times be subject to inspection by the public. For the purposes of this section, probable cause shall be satisfied upon the showing of the reasonableness of a need to conduct periodic area-wide inspections with respect to health and safety of persons and property.

(Acts 1970, Ch. 93)

Effect of amendment— The 1970 act added this section.

General provisions of law notwithstanding, the planning commission and members of boards or agencies appointed by city council, the mayor, or by the city manager, who serve without pay and who serve only for the purpose of making studies or recommendations, or advising or consulting with city council, shall not be prohibited from such service merely because they contract directly or indirectly with the city. Any such member of an advisory board or agency who knows, or may reasonably be expected to know, that he has a material financial interest in any transaction in which the agency of which he is an officer or employee is or may be in any way concerned, shall disclose such interest and disqualify himself from voting or participating in any official action thereon in behalf of such agency. If disqualifications in accordance with this section leave less than the number required by law to act, the remaining member or members shall have authority to act for the agency by majority vote, unless a unanimous vote of all members is required by law in which case authority to act shall require a unanimous vote of remaining members.

(Acts 1970, Ch. 93)

Effect of amendment— The 1970 act added this section.

Notwithstanding any provision of law to the contrary, the terms of all the commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on June thirty, nineteen hundred seventy-eight; and thereafter there shall be not less than five nor more than seven members of the Board of Commissioners.

Commissioners shall hold their offices at the pleasure of council for terms not to exceed four years; provided, that the city council may at any time, and from time to time, adopt an ordinance terminating the terms of all the commissioners and designating one or more council members as commissioners of the Charlottesville Redevelopment and Housing Authority. The remaining members of the Board, if any, shall be appointed by council from the public at large. The Board shall possess all powers and duties granted to or imposed upon redevelopment and housing authorities by general law; provided that notwithstanding any other provision of law to the contrary, a city council member shall receive no compensation for serving as a commissioner of such Authority, nor shall he continue to serve as a commissioner after he ceases to be a member of city council.

(Acts 1978, Ch. 709; Acts 1990, H.B. No. 34, § 1)

Effect of amendment— The 1978 act added this section and the 1990 act amended it to read as set out above.

A.

The city council by ordinance may prohibit or regulate loud, disturbing or excessive noises originating within its jurisdiction. Such ordinance may prescribe the decibel levels, degrees or types of sound which are unacceptable within the city limits, but the ordinance must exempt from its prohibitions during the daytime (6:00 a.m. to 10:00 p.m.) the following:

1.

Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools or the University of Virginia.

2.

Athletic contests and other officially sanctioned activities in city parks.

3.

Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property.

4.

Gardening, lawn care, tree maintenance or removal and other landscaping activities.

5.

Church bells or carillons.

6.

Religious or political gatherings and other activities protected by the First Amendment of the United States Constitution.

7.

Activities for which the regulation of noise has been preempted by federal law.

8.

Public and private transportation, refuse collection and sanitation services.

B.

The decibel level of any such noise may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding. The accuracy of the sound level meter may be tested by a calibrator. In any court or legal proceedings in which the accuracy of the calibrator is in issue, the court shall receive as evidence a sworn report of the results of any test of the calibrator for accuracy. Such report shall be considered by the court or jury in determining guilt or innocence.

C.

Any individual operating a sound level meter pursuant to the provisions of this section and the local noise ordinance shall issue a certificate which will indicate:

1.

that the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications;

2.

that the city has on file a sworn report which states that the sound level meter has been tested within the past twelve months and has been found to be accurate;

3.

the name of the accused;

4.

the location of the noise;

5.

the date and the time that the reading was made; and

6.

the decibel level reading.

The certificate, as provided for in this section, when duly attested by the operator taking the decibel level reading, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of such certificate shall be delivered to the accused upon his or his attorney's request.

(Acts 1989, Ch. 122, § 1)

Effect of amendment— The 1989 act added this section.

A.

Notwithstanding the provisions of any state law which authorize civil penalties for the violation of a local zoning ordinance, City Council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without approval by the board of architectural review or City Council, when such building or structure is subject to the City's historic preservation zoning ordinance. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.

B.

An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.

C.

The defendant may, within twenty-one days after the filing of the petition, file an answer and without admitting liability, agree to restore the building or structure, as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.

D.

Nothing in this section shall preclude action by the zoning administrator under Virginia Code, section 15.1-491(d) or by the governing body under Virginia Code, section 15.1-499, either by separate action or as a part of the petition seeking a civil penalty.

(Acts 1990, S.B. No. 17, § 1)

Effect of amendment— The 1990 act added this section.

In addition to the powers granted by other sections of this Charter and any other provision of law, the City shall have the power:

(a)

To make grants and loans of funds to low- or moderate-income persons to aid in the purchase of any land, building, dwelling, or dwelling unit in the City; and to offer real estate tax deferral to low- or moderate-income persons who own any land, building, dwelling, or dwelling unit within the City. The City shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this subsection; and

(b)

To make grants of funds to owners of dwellings or dwelling units in the city for the purpose of subsidizing, in part, the rental payments due and owing to any such owner by a low- or moderate-income person.

For purposes of this section, the phrase "low- or moderate-income persons" shall have the same meaning as the phrase "persons and families of low and moderate income" as that phrase is used in the Virginia Housing Development Authority Act, and shall be applied using the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program.

In addition to being able to exercise the above-mentioned powers with City funds, the City is authorized to participate in any state or federal program related thereto and to use state, federal, or private funds in the exercise of such powers.

The expenditure of any public funds as authorized in this section is hereby declared to be in furtherance of a public purpose.

(Acts 2006, Ch. 268; H.B. 998; S.B. 202)

If any clause, sentence, paragraph, section or part of this act be held invalid by a court of last resort of this state in proper case such invalidity shall not affect or invalidate any other clause, sentence, paragraph or part of this act but shall be confined exclusively to the portion so held invalid.

 This table shows the location of the sections of the basic Charter and any amendments thereto.

The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the City of Charlottesville (1990)" and may be so cited. The Code may also be cited as the "Charlottesville City Code (1990)."

(Code 1976, § 1-1)

State Law reference— Authority of city to codify and recodify its ordinances, Code of Virginia, § 15.1-37.3.

In the construction of this Code, and of all city ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of council:

Generally. The rules of statutory construction set out in Code of Virginia, sections 1-13 to 1-15.1 shall govern, so far as applicable, the construction of all words not defined in this section.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Charter. The word "Charter" means the Charter of the city as it now exists and as it may be amended in the future.

City. The word "city" means the City of Charlottesville, in the County of Albemarle and the Commonwealth of Virginia.

Code. When the term "Code" or "this Code" is used without further qualification, it shall mean the "Code of the City of Charlottesville (1990)," as designated in section 1-1.

Computation of time. Whenever a notice is required to be given, or any other act to be done, a certain time before any motion or proceeding, there must be that time, exclusive of the day for any such motion or proceeding, but the day on which such notice is given, or such act is done, may be counted as part of the time. When a notice is required to be given, or any other act to be done, within a certain time after any event or judgment, that time shall be allowed in addition to the day on which the event or judgment occurred.

Council; city council. Whenever the words "council" or "city council" are used, they shall be construed to mean the council of the City of Charlottesville.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health district; health officer. The term "health district" means the Thomas Jefferson Health District and the term "health officer" means the director of such district.

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

Month. The word "month" means a calendar month.

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officers, boards, etc. Whenever reference is made to a particular officer, board, commission, department or other agency, such reference shall be construed as if followed by the words "of the City of Charlottesville, Virginia." A reference to a specific officer shall also be construed as if followed by the words "or his duly authorized deputy, assistant, representative or agent," subject, however, to the provisions of Code of Virginia, section 15.1-19.5.

Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.

Signature; subscription. The words "signature" or "subscription" include a mark when a person cannot write.

State; commonwealth. The words "the state," "this state," "the commonwealth" or "this commonwealth" shall mean the Commonwealth of Virginia.

State code. The term "state code" or "Code of Virginia" or "Virginia Code" shall mean the Code of Virginia, 1950, as amended.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or a footpath.

Tenant; occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" means a calendar year.

(Code 1976, § 1-2)

State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Code 1976, § 1-4)

State Law reference— Similar provisions as to sections of state code, Code of Virginia, § 1-13.9.

The provisions appearing in this Code, so far as they are the same as those of "The Code of the City of Charlottesville, Virginia, 1976" and ordinances adopted by the city council subsequent thereto and included herein, shall be construed as continuations thereof and not as new enactments.

Nothing in this Code or the ordinance adopting this Code shall affect:

(1)

Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;

(2)

Any ordinance granting any franchise or right;

(3)

Any ordinance appropriating funds or relating to an annual budget or to salaries of city officers or employees;

(4)

Any ordinance authorizing, providing for or otherwise relating to any public improvement or any special assessment;

(5)

Any ordinance relating to the zoning map or zoning or rezoning specific property; ^[1]

(6)

Any ordinance adopted for purposes which have been consummated; or

(7)

Any ordinance which is temporary, although general in effect, or special, although permanent in effect;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.

Cross reference— Similar provisions as to new ordinances, § 2-101.

If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.

(Code 1976, § 1-3)

(a)

All ordinances passed subsequent to this Code, which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein.

(b)

Amendments of any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following manner: "That section ____________ of the Charlottesville City Code (1990) is hereby amended to read as follows: ____________ ." The new provisions shall then be set out in full.

(c)

In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Charlottesville City Code (1990) is hereby amended by adding a new section to be numbered section ____________ , which section shall read as follows: ____________ ." The new section shall then be set out in full.

(d)

All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That section, chapter or article ____________ of the Charlottesville City Code (1990) is hereby repealed."

(Code 1976, § 2-35)

(a)

By contract or by city personnel, supplements to this Code may be prepared and printed when needed and when funds therefor are available. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed or replaced shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________ " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

State Law reference— Authority to supplement Code, Code of Virginia, § 15.1-37.3.

At least three (3) copies of this Code and every supplement thereto shall be kept in the office of the clerk of the council and shall there be available for public inspection during normal business hours.

State Law reference— Similar provisions, Code of Virginia, § 15.1-37.3.

(a)

Whenever in this Code or in any other ordinance of the city or rule or regulation promulgated by an officer, board or commission or agency thereof under authority vested by law or ordinance, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows:

(1)

Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.

(2)

Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.

(3)

Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).

(4)

Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).

(b)

Whenever in any provision of this Code or in any other ordinance of the city or any rule or regulation referred to in subsection (a) of this section any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, or where it is provided that the violation is punishable as provided for in this section, such violation shall constitute a Class 1 misdemeanor and be punishable as prescribed in subsection (a)(1) of this section.

(c)

Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.

(Code 1976, § 1-10; 1-4-93)

Charter reference— Authority of council to impose penalties for ordinance violations, § 17; collection of fines, § 39; warrants to search for ordinance violations, § 50.2.

Cross reference— Prosecution of Code and ordinance violations by commonwealth's attorney, § 2-182.

State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, § 15.1-901; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, § 15.1-902; injunctive relief for continuing violations of ordinances, § 15.1-905.

(a)

Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any provision of this Code or other ordinance of the city punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or section 18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82. Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this section, or if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of Code of Virginia, section 19.2-82.

(b)

Whenever any person is detained by or is in the custody of an arresting officer for a violation of any provision of this Code or other ordinance of the city punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or to the offense of public drunkenness as defined in section 17-12 of this Code, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving of such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82.

(c)

Any person summonsed under this section shall not be held in custody after the issuance of the summons for the purpose of complying with the requirements of Code of Virginia, chapter 23 (section 19.2-387 et seq.) of title 19.2. Reports to the central criminal records exchange concerning such persons shall be made after a disposition of guilt is entered as provided for in Code of Virginia, section 19.2-390.

(d)

Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate or other issuing authority having jurisdiction, who shall proceed according to the provisions of Code of Virginia, section 19.2-82.

(e)

Any person who willfully violates his written promise to appear given in accordance with this section shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.

(f)

The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to Code of Virginia, section 46.2-388.

(Code 1976, § 21-7)

State Law reference— Similar provisions, Code of Virginia, § 19.2-74.

The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the City of Charlottesville (1990)" and may be so cited. The Code may also be cited as the "Charlottesville City Code (1990)."

(Code 1976, § 1-1)

State Law reference— Authority of city to codify and recodify its ordinances, Code of Virginia, § 15.1-37.3.

In the construction of this Code, and of all city ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of council:

Generally. The rules of statutory construction set out in Code of Virginia, sections 1-13 to 1-15.1 shall govern, so far as applicable, the construction of all words not defined in this section.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Charter. The word "Charter" means the Charter of the city as it now exists and as it may be amended in the future.

City. The word "city" means the City of Charlottesville, in the County of Albemarle and the Commonwealth of Virginia.

Code. When the term "Code" or "this Code" is used without further qualification, it shall mean the "Code of the City of Charlottesville (1990)," as designated in section 1-1.

Computation of time. Whenever a notice is required to be given, or any other act to be done, a certain time before any motion or proceeding, there must be that time, exclusive of the day for any such motion or proceeding, but the day on which such notice is given, or such act is done, may be counted as part of the time. When a notice is required to be given, or any other act to be done, within a certain time after any event or judgment, that time shall be allowed in addition to the day on which the event or judgment occurred.

Council; city council. Whenever the words "council" or "city council" are used, they shall be construed to mean the council of the City of Charlottesville.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health district; health officer. The term "health district" means the Thomas Jefferson Health District and the term "health officer" means the director of such district.

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

Month. The word "month" means a calendar month.

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) person or thing as well as to several persons or things.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officers, boards, etc. Whenever reference is made to a particular officer, board, commission, department or other agency, such reference shall be construed as if followed by the words "of the City of Charlottesville, Virginia." A reference to a specific officer shall also be construed as if followed by the words "or his duly authorized deputy, assistant, representative or agent," subject, however, to the provisions of Code of Virginia, section 15.1-19.5.

Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.

Signature; subscription. The words "signature" or "subscription" include a mark when a person cannot write.

State; commonwealth. The words "the state," "this state," "the commonwealth" or "this commonwealth" shall mean the Commonwealth of Virginia.

State code. The term "state code" or "Code of Virginia" or "Virginia Code" shall mean the Code of Virginia, 1950, as amended.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or a footpath.

Tenant; occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" means a calendar year.

(Code 1976, § 1-2)

State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Code 1976, § 1-4)

State Law reference— Similar provisions as to sections of state code, Code of Virginia, § 1-13.9.

The provisions appearing in this Code, so far as they are the same as those of "The Code of the City of Charlottesville, Virginia, 1976" and ordinances adopted by the city council subsequent thereto and included herein, shall be construed as continuations thereof and not as new enactments.

Nothing in this Code or the ordinance adopting this Code shall affect:

(1)

Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;

(2)

Any ordinance granting any franchise or right;

(3)

Any ordinance appropriating funds or relating to an annual budget or to salaries of city officers or employees;

(4)

Any ordinance authorizing, providing for or otherwise relating to any public improvement or any special assessment;

(5)

Any ordinance relating to the zoning map or zoning or rezoning specific property; ^[1]

(6)

Any ordinance adopted for purposes which have been consummated; or

(7)

Any ordinance which is temporary, although general in effect, or special, although permanent in effect;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.

Cross reference— Similar provisions as to new ordinances, § 2-101.

If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.

(Code 1976, § 1-3)

(a)

All ordinances passed subsequent to this Code, which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein.

(b)

Amendments of any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following manner: "That section ____________ of the Charlottesville City Code (1990) is hereby amended to read as follows: ____________ ." The new provisions shall then be set out in full.

(c)

In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Charlottesville City Code (1990) is hereby amended by adding a new section to be numbered section ____________ , which section shall read as follows: ____________ ." The new section shall then be set out in full.

(d)

All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That section, chapter or article ____________ of the Charlottesville City Code (1990) is hereby repealed."

(Code 1976, § 2-35)

(a)

By contract or by city personnel, supplements to this Code may be prepared and printed when needed and when funds therefor are available. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed or replaced shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________ " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

State Law reference— Authority to supplement Code, Code of Virginia, § 15.1-37.3.

At least three (3) copies of this Code and every supplement thereto shall be kept in the office of the clerk of the council and shall there be available for public inspection during normal business hours.

State Law reference— Similar provisions, Code of Virginia, § 15.1-37.3.

(a)

Whenever in this Code or in any other ordinance of the city or rule or regulation promulgated by an officer, board or commission or agency thereof under authority vested by law or ordinance, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows:

(1)

Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.

(2)

Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.

(3)

Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).

(4)

Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).

(b)

Whenever in any provision of this Code or in any other ordinance of the city or any rule or regulation referred to in subsection (a) of this section any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, or where it is provided that the violation is punishable as provided for in this section, such violation shall constitute a Class 1 misdemeanor and be punishable as prescribed in subsection (a)(1) of this section.

(c)

Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.

(Code 1976, § 1-10; 1-4-93)

Charter reference— Authority of council to impose penalties for ordinance violations, § 17; collection of fines, § 39; warrants to search for ordinance violations, § 50.2.

Cross reference— Prosecution of Code and ordinance violations by commonwealth's attorney, § 2-182.

State Law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, § 15.1-901; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, § 15.1-902; injunctive relief for continuing violations of ordinances, § 15.1-905.

(a)

Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any provision of this Code or other ordinance of the city punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or section 18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82. Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this section, or if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, a magistrate or other issuing authority having jurisdiction shall proceed according to the provisions of Code of Virginia, section 19.2-82.

(b)

Whenever any person is detained by or is in the custody of an arresting officer for a violation of any provision of this Code or other ordinance of the city punishable as a Class 3 or Class 4 misdemeanor or any other misdemeanor for which he cannot receive a jail sentence, except as otherwise provided in Code of Virginia, title 46.2, or to the offense of public drunkenness as defined in section 17-12 of this Code, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving of such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of Code of Virginia, section 19.2-82.

(c)

Any person summonsed under this section shall not be held in custody after the issuance of the summons for the purpose of complying with the requirements of Code of Virginia, chapter 23 (section 19.2-387 et seq.) of title 19.2. Reports to the central criminal records exchange concerning such persons shall be made after a disposition of guilt is entered as provided for in Code of Virginia, section 19.2-390.

(d)

Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting or other police officer before a magistrate or other issuing authority having jurisdiction, who shall proceed according to the provisions of Code of Virginia, section 19.2-82.

(e)

Any person who willfully violates his written promise to appear given in accordance with this section shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.

(f)

The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to Code of Virginia, section 46.2-388.

(Code 1976, § 21-7)

State Law reference— Similar provisions, Code of Virginia, § 19.2-74.

The corporate seal of the city shall be a design within a circle, one and three-quarter (1¾) inches in diameter, with the word "VIRGINIA" across the face; in the exergue this inscription "CITY OF CHARLOTTESVILLE," and all of such words shall be raised letters; the design being the same as that heretofore in use as the seal of the city. No other seal shall be used for the city and no paper issued by municipal authority, which requires the seal of the city, shall be valid unless the seal prescribed above be duly affixed thereto; provided, however, that an identifying device, the design of which was approved by the council of the city on July 6, 1971, shall be used as the seal of the city for all purposes except those where the corporate seal is required by law to be affixed to any document.

(Code 1976, § 1-8)

The clerk of the council shall be the custodian of the corporate seal of the city and shall affix it to such papers or documents as may be required by any ordinance or resolution of the council.

(Code 1976, § 1-9)

The official safety program of the city shall be carried into effect by the following organizations, officers or departments, which are hereby recognized as an integral part of the official safety program for the purposes of the Virginia Line of Duty Act:

(1)

The police department and all of its sworn personnel.

(2)

The paid fire department and all of its personnel.

(3)

The volunteer company designated as the "Charlottesville Fire Company" and all of its members.

(4)

The city sheriff and all of his deputies and correctional officers employed at the Albemarle-Charlottesville Joint Security Complex.

(5)

The Charlottesville-Albemarle Rescue Squad, Inc., and all of its volunteer members.

(Code 1976, § 20-1)

Cross reference— Fire department, § 12-26 et seq.; police, Ch. 20; special license tag or decal for vehicles of volunteer firefighters and rescue squad members, § 15-50; application of parking regulations to such vehicles, § 15-131.

State Law reference— Line of Duty Act, Code of Virginia, § 15.1-136.1 et seq.

All city employees and officials shall give bond to the city, with corporate surety to be approved by the finance committee of the city council, conditioned so as to secure the faithful performance of their duties to the city. The penalties of such bonds shall be as follows:

(1)

City treasurer ..... $100,000.00

(2)

Purchasing agent ..... 50,000.00

(3)

Director of finance ..... 100,000.00

(4)

City manager ..... 50,000.00

(5)

All other officials and employees of the city, each ..... 10,000.00

The premium on all such bonds shall be paid by the city.

(Code 1976, § 2-43)

Charter reference— Authority of council to require official bonds, § 14(17); bond of city manager, § 5(f).

State Law reference— General authority of council to require bond of officers and employees, Code of Virginia, §§ 15.1-797, 15.1-813.1; bond of city treasurer, §§ 15.1-44, 15.1-45; bond of city manager, § 15.1-928.

The following officers and employees shall file, on or before January fifteenth of each year, as a condition to assuming or continuing office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in the State and Local Government Conflict of Interests Act, Code of Virginia, section 2.2-3117:

(1)

City manager;

(2)

Deputy city manager;

(3)

Assistant city manager;

(4)

Chairman and members of the Charlottesville Economic Development Authority;

(5)

Director, chairman and members of the Charlottesville Redevelopment and Housing Authority; and

(6)

All department heads.

(9-18-89; 12-3-01(1); 9-4-07)

In each year, the first day of January (New Year's Day), the third Monday in January (Martin Luther King, Jr. Day), the third Monday in February (George Washington Day), the thirteenth day of April (Jefferson's Birthday), the last Monday in May (Memorial Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the eleventh day of November (Veterans Day), the fourth Thursday in November (Thanksgiving Day), the Friday after the fourth Thursday in November, the twenty-fifth day of December (Christmas Day) or, whenever any of such days shall fall on Saturday, the preceding Friday shall be a legal holiday, and whenever such days shall fall on Sunday, the Monday next following such day shall be a legal holiday.

(Code 1976, § 2-1; Ord. of 11-20-00; 3-2-15; 12-21-15(1))

State Law reference— Legal holidays, Code of Virginia, § 2.1-21.

(a)

All papers duly authorized to be executed in the name of and on behalf of the city shall, unless otherwise provided by ordinance or resolution of the council, be signed as follows:

(1)

Deeds, bonds and other instruments requiring the seal of the city to be affixed thereto shall be signed by the mayor and the seal shall be attested by the clerk of the council.

(2)

Notes or other similar evidences of debt shall be signed by the mayor.

(b)

The purchasing agent and the city manager, or his designee are authorized to sign all contracts covering sales or purchases of goods or nonprofessional services for less than fifty thousand dollars ( $50,000.00), as well as all contracts for construction services, up to one hundred thousand dollars ($100,000.00). All other contracts shall be signed by the city manager or his designee.

(c)

No person, other than those persons enumerated in this section, shall have authority to sign any contract on behalf of the city unless he is specifically authorized to do so by the city council or the city manager. The city manager may promulgate regulations setting forth procedures by which city contracts shall be approved and executed.

(Code 1976, § 2-2; 5-5-03(1); 5-19-03)

Cross reference— Public procurement, Ch. 22; particularly, § 22-52.

(a)

Unless otherwise provided, no person shall be appointed by the city council to any board or commission for more than two (2) complete terms. For boards and commissions with two-year terms, no person shall be appointed by the city council for more than four (4) complete terms, unless otherwise provided.

(b)

Appointments by the city council to any board or commission to fill vacancies shall be for the unexpired portion of the term only.

(c)

Persons initially appointed for less than a full term may thereafter serve two (2) complete terms or four (4) complete two-year terms, as may be applicable.

(Code 1976, § 2-3; 7-21-03)

(a)

The director of the department of public works shall cause to be kept on file as property of the city all maps showing:

(1)

The location of all public streets and the extent to which they have been paved, macadamized or graded and the grades of the same when established.

(2)

The location and dimensions of all culverts, sewers and water and gas mains.

(b)

The director shall cause to be prepared and kept on file maps and records of such improvements as may be made in the future. The director shall cause to be made and kept a record of the locations and dimensions of all sewers and water and gas mains not shown on the existing maps and records, as the same may be discovered.

(Code 1976, § 2-4)

(a)

For one (1) year after their terms of office have ended or employment has ceased, city officers and employees may not provide personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involving the city or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a city officer or employee through decision, approval or recommendation.

(b)

For purposes of this section, the term "officers and employees" includes members of city council, city officers and employees, and individuals who receive monetary compensation for service on or employment by agencies, boards, authorities, commissions, committees, and task forces appointed by city council.

(c)

Any person who knowingly violates this section shall be guilty of a Class 1 misdemeanor. A knowing violation under this section is one in which the person engages in conduct or performs an act when he knows that the conduct or act is prohibited by this section.

(d)

Nothing in this section shall prohibit the city or any of it agencies from re-employing any former officer or employee.

(2-6-06)

(a)

Pursuant to Virginia Code § 24.2-222.1 and notwithstanding the provisions of City Charter Sec. 5(d) and Virginia Code § 24.2-222, the election of members of city council shall be held on the general election date in November of odd-numbered years, beginning in November, 2007, and biennially thereafter, in accordance with the following cycles:

(1)

The election for the two (2) city council seats filled by the council election of May, 2006 shall be held in November, 2009 and every four (4) years thereafter; and,

(2)

The election for the three (3) city council seats filled by the council election of May, 2004 shall be held in November, 2007 and every four (4) years thereafter.

(b)

In accordance with the provisions of Virginia Code § 24.2-222.1(D), members of city council elected at a May general election shall have their term of office shortened by six (6) months but shall continue in office until their successors have been elected at the November general election and have been qualified to serve.

(7-19-04)

In addition to the powers, duties and responsibilities set out in this article, the city council shall exercise such powers, perform such duties, and assume such responsibilities as are provided by the Charter of the city and the Constitution and laws of Virginia.

(Code 1976, § 2-5)

Charter reference— General powers of council enumerated, § 14.

(a)

Notwithstanding any provision of law to the contrary, the terms of all commissioners of the Charlottesville Redevelopment and Housing Authority shall terminate on July 31, 1999; and thereafter commissioners shall be appointed in accordance with the provisions of this section.

(b)

Effective July 31, 1999 there shall be seven (7) commissioners of the Charlottesville Redevelopment and Housing Authority appointed by city council. The board of commissioners shall include:

(1)

At least one (1) member of city council;

(2)

At least two (2) current residents of public housing.

The remaining members of the board of commissioners shall be appointed by city council from the public at-large.

(c)

At their first meeting following the effective date of this section, the board of commissioners shall elect one of their members to serve as chair of the board.

(d)

Any member of city council appointed to the board of commissioners shall serve a one (1) year term, and shall be eligible for reappointment for so long as such person is a member of city council. The remaining initial appointments to the board shall be equally divided, to the extent possible, between two (2) and three (3) year terms. After expiration of the initial terms all future appointments shall be for three (3) year terms, except for appointments of city council members. Eligibility for reappointment shall be governed by the provisions of City Code section 2-8.

(e)

Commissioners of the Charlottesville Redevelopment and Housing Authority shall serve for their full term unless earlier terminated by city council or upon acceptance by city council of a commissioner's resignation. Commissioners may be removed by council for inefficiency, or neglect of duty, including failure to meet reasonable attendance requirements of the Charlottesville Redevelopment and Housing Authority, or for other misconduct in office. Notwithstanding the foregoing, a commissioner may be removed only after such commissioner is given a copy of the charges forming the basis of the removal and an opportunity to be heard in person or by representative prior to removal. At least ten (10) days in advance of the hearing before city council, a commissioner objecting to removal shall be given a copy of the charges which form the basis for the removal. In the event of removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of council.

(Code 1976, § 2-5.1; 9-17-90, 4-4-94, § 1; 6-7-99(1); 6-7-99(2); 4-21-03; 4-7-14)

The city council shall meet for organization on the first day of July after the election of its members (unless that day is a Sunday or a legal holiday, in which case it shall meet on the following day). In case of unavoidable absence from such meeting of any member elect, the meeting may be adjourned from time to time as the council may deem proper.

(Code 1976, § 2-6)

(a)

The city council shall, at its first meeting in July after the regular biennial election of council members or as soon thereafter as practicable, elect one (1) of its members mayor. The mayor shall continue in office two (2) years. If a vacancy occurs in the office of mayor before the end of the term, such vacancy shall be filled as provided by section 8 of the Charter. The mayor shall have no veto power.

(b)

At the same time, the city council shall elect one (1) of its members to be vice-mayor, who shall continue in office two (2) years. If a vacancy occurs in the office before the end of his term, such vacancy shall be filled as provided by section 8 of the Charter.

(c)

The mayor shall preside at the meetings of the city council and when, from any cause, he shall be absent, the vice-mayor shall preside. In the absence of both, a mayor pro tempore may be elected.

(d)

The vice-mayor, in the absence of the mayor and while acting as mayor, shall be vested with all the rights and duties of the mayor.

(Code 1976, § 2-7)

State Law reference— Election of mayor by council, Code of Virginia, § 15.1-925.

Notwithstanding the provisions of Section 5(c) of the Charter to the contrary, and pursuant to the authority of Code of Virginia, Section 15.2-1414.6, the annual salary of members of the city council, except the mayor, shall be ten thousand dollars ($10,000.00), and the annual salary of the mayor shall be twelve thousand dollars ($12,000.00), until July 1, 2008, at which time the annual salary of members of the city council, except the mayor, shall be fourteen thousand dollars ($14,000.00), and the annual salary of the mayor shall be sixteen thousand dollars ($16,000.00).

(Code 1976, § 2-7.1; 5-1-95; Ord. of 11-5-01(1); Ord. of 7-2-07(1))

The city council shall hold its regular meetings at the council chamber of the city hall, or at such other place in the city as may be designated by the mayor or the council, beginning at 6:30 p.m. on the first and third Mondays of each month, unless such day is a legal holiday, in which event such meeting shall be held on the day following.

(Code 1976, § 2-8; 9-20-04(1); Ord. of 3-5-18)

Charter reference— Time for holding stated (regular) council meetings to be fixed by ordinance, § 35.

(a)

The mayor, or the vice-mayor if acting in his stead, or any three (3) members of the city council, may call a special meeting of the council at any time upon at least five (5) hours' written notice to each member, served personally or left at his usual place of business or residence. Special meetings may be held at any time without notice, provided all members of the council attend and unanimously consent to the transaction of all business transacted thereat.

(b)

Every call for a special meeting shall specify the object thereof, and no business shall be transacted at a special meeting except that for which it shall have been called, unless by a unanimous consent.

(Code 1976, § 2-9)

Charter reference— Limitation on business transacted at special council meeting, § 35.

The chief of police shall designate a police officer to serve as sergeant-at-arms and doorkeeper for all meetings of the city council.

(Code 1976, § 2-10)

Cross reference— Police, Ch. 20.

(a)

If a quorum fails to attend a meeting of the city council within a half hour after the appointed time for such meeting, those present may adjourn to such time as they deem proper, after the names of those present shall have been entered on the minutes.

(b)

At such meeting, two (2) or more members shall have authority to compel the attendance of absent members by a process in writing signed by them and addressed to any police officer, directing such officer to summons the absent members at the time and place to which the meeting shall have been adjourned. Any member refusing to obey such summons may be fined by a four-fifths vote of the city council in a sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

(Code 1976, § 2-11)

Charter reference— Quorum, § 10; authority to compel attendance of absent members, § 12.

The city council may, by a majority vote of its whole number, punish one (1) of its own members for disorderly conduct by a fine not exceeding three hundred dollars ($300.00) and, by a two-thirds vote of its whole number, expel a member of its own body for malfeasance or misfeasance in office. Fines imposed under this section shall be collected in such manner as fines imposed by the judge of the district court.

(Code 1976, § 2-12)

Charter reference— Authority of council to punish and expel members, § 12.

No member of the city council shall be eligible, during his tenure of office or for one (1) year thereafter, to any office for which compensation is paid to be filled by the city council either by election or appointment.

(Code 1976, § 2-13)

The mayor shall, within ten (10) days after the organization of the city council, appoint the finance committee, consisting of three (3) members, to continue for a term of two (2) years. The mayor shall also appoint all special committees unless otherwise ordered by the city council. Vacancies on committees shall be filled in like manner.

(Code 1976, § 2-14)

The finance committee shall investigate and report to the city council as to all matters relating to the finances, debts, revenues and assets of the city. The finance committee shall approve all surety bonds of city officials and employees, as provided for by section 2-4.

(Code 1976, § 2-15)

Charter reference— Chairman of finance committee as member of sinking fund commission, § 26.

Cross reference— Finance generally, Ch. 11.

The city council, or any committee or officer of the city, when specifically authorized by the city council, shall have the power to require the attendance of any person as a witness and the production by any person of all proper books and papers, when, in any investigation by such body, such attendance and investigation is necessary and proper. Summons to attend as a witness or to produce books and papers shall be in writing, signed by the presiding officer of the city council, and shall be served by a member of the police force in the same manner as a process to commence an action at law. Such witnesses shall be sworn by the officer presiding at the investigation, and shall be liable to the penalties for perjury or false testimony at such investigation. Any person failing or refusing to obey such summons, and refusing to testify, or produce such books or papers, may be summoned before the judge of the district court and upon failure to give satisfactory excuse shall be fined not exceeding one hundred dollars ($100.00) or imprisoned not exceeding thirty (30) days. A person found guilty under this section and fined shall have a right of appeal to the circuit court.

(Code 1976, § 2-16)

State Law reference— Similar provisions, Code of Virginia, § 15.1-811.

(a)

The city council shall determine the rules of its proceedings, except so far as the same are determined by the constitution and laws of the state and the Charter.

(b)

The rules of order and procedure of the city council, with the right of the body to suspend the same by a four-fifths vote, shall be as set out in this article.

(c)

No rule adopted by the city council shall be suspended except by the consent of four (4) members. Suspension of the rules may be made by a motion.

(Code 1976, § 2-17)

The proceedings of the city council, except as its own rules may otherwise provide, shall be governed by Robert's Rules of Order.

(Code 1976, § 2-18)

The mayor shall enforce the rules of the city council, preserve order and decorum, appoint all committees not otherwise provided for and discharge such other duties as appertain to his office.

(Code 1976, § 2-19)

(a)

The mayor shall decide questions of order and may give his reasons for his decisions.

(b)

From any decision of the chair, an appeal may be made to the city council, the question being, "Shall the decision of the chair be sustained as the decision of the council?" Upon such appeal, no debate shall be allowed if it refers to a question of decorum, but if it relates to the priority of business, or to relevancy or applicability of propositions, the appeal may be debated.

(Code 1976, § 2-20)

If, in speaking, any member shall violate the rules of the city council, the mayor shall call him to order. If there is no appeal, the decision of the chair shall be submitted to. If the decision is in favor of the member called to order, he may proceed; if otherwise, he shall not proceed except by leave of the city council.

(Code 1976, § 2-21)

No person who is not a member of the city council shall orally address it until leave to do so has been granted by the city council or until invited to do so by the mayor.

(Code 1976, § 2-22)

When a question is under debate no motion shall be entertained unless specially provided for, except the following, which shall take precedence in the order given:

(1)

To adjourn, to be made without preliminary remarks and decided without debate.

(2)

To lay on the table, to be decided without debate.

(3)

For the previous question, to be decided without debate.

(4)

To postpone, either indefinitely, or to a day or hour certain.

(5)

To refer or recommit.

(6)

To substitute or amend.

(7)

To adopt or approve.

(Code 1976, § 2-23)

In all cases, a motion to reconsider will be entertained only when made by a member who voted with the prevailing side. A majority of those present can reconsider any vote, but the motion to do so shall be made at the same session of the council during which such vote was taken. A motion to reconsider shall have precedence of all other questions, and when it has once been put and lost, it shall not be renewed. This rule, however, is subject to section 2-74.

(Code 1976, § 2-24)

No vote of a former meeting of the city council shall be reconsidered or rescinded at a special meeting unless there be then present as many members as were present when such vote was taken, and three-fifths of all members present vote in favor thereof.

(Code 1976, § 2-25)

State Law reference— Similar provisions, Code of Virginia, § 15.1-812.

A motion to adjourn shall always be in order, except when a member has the floor, when the city council is engaged in voting, when the previous question has been ordered or when the motion to adjourn has been put and lost and no other business has intervened.

(Code 1976, § 2-26)

Any member who obtains the floor during the debate and submits no other motion or remark may move for the previous question, which motion, if seconded, shall forthwith be put to the city council. If the motion for the previous question be not carried, debate may continue as if the motion had not been made.

(Code 1976, § 2-27)

In all matters pending before the city council, a majority shall govern, except in cases where otherwise specially provided.

(Code 1976, § 2-28)

All votes of the council shall be recorded in the council journal by a listing of the name of the council member by the vote of the member on each question put to a vote before the council.

(Code 1976, § 2-29)

Any member of the city council shall have the liberty to dissent from or protest against any ordinance, resolution or order of the city council and have the reason of his dissent entered upon the record.

(Code 1976, § 2-30)

The members of a committee of the city council shall meet on the call of the chairman, who shall be the first named person on the committee. In the absence of the chairman, the person named second on the committee shall be recognized as chairman. A majority shall constitute a quorum for the transaction of business.

(Code 1976, § 2-31)

The style in which ordinances shall be enacted by the council shall be as follows: "Be it ordained by the Council of the City of Charlottesville," and that in which resolutions shall be passed shall be, "Be it resolved by the Council of the City of Charlottesville."

(Code 1976, § 2-32)

No general ordinance shall be passed by the city council on the same day of its introduction, nor shall any such ordinance be valid unless at least three (3) days intervene between its introduction and passage; provided, that by a four-fifths vote of the city council, a general ordinance may be passed on the same date of its introduction and be valid; provided further, that any zoning ordinance or amendment to the zoning ordinance may be passed at the same meeting at which a public hearing on such zoning ordinance or amendment to the zoning ordinance is held.

(Code 1976, § 2-33)

Cross reference— Amendment of zoning ordinance and zoning map, § 34-1031 et seq.

State Law reference— Repeal or amendment of district maps, Code of Virginia, § 15.1-491(g).

(a)

For every ordinance or resolution appropriating money exceeding one hundred dollars ($100.00), imposing or releasing taxes, authorizing the borrowing of money, creating a debt or donating any property of the city, where the value of such property is one hundred dollars ($100.00) or more, a vote of a majority of all members elected to the council shall be necessary and the "ayes" and "noes" shall be entered on the minutes of the council.

(b)

No ordinance or resolution appropriating money exceeding the sum of one thousand dollars ($1,000.00), imposing taxes or authorizing the borrowing of money shall be passed by the city council on the same day of its introduction, nor shall any such ordinance or resolution be valid unless at least three (3) days intervene between its introduction and passage. This subsection shall not apply to the annual appropriations provided for in section 11-4 of this Code.

(Code 1976, § 2-37)

Cross reference— Finance, Ch. 11; taxation, Ch. 30.

State Law reference— Provisions similar to subsection (b) above, Code of Virginia, § 15.1-812.

Every ordinance shall take effect from the date of its passage unless otherwise provided.

(Code 1976, § 2-36)

No ordinance shall be amended or repealed except by an ordinance regularly introduced and adopted.

(Code 1976, § 2-34)

No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings.

(Code 1976, § 1-5)

Cross reference— Similar provisions as to Code, § 1-6.

State Law reference— Similar provisions as to new state law, Code of Virginia, § 1-16.

When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(Code 1976, § 1-6)

State Law reference— Similar provisions as to state law, Code of Virginia, § 1-17.

A copy of any ordinance or joint resolution of the city certified by the clerk of the council, or a printed copy thereof which purports to have been printed by the authority of the council, shall be received as prima facie evidence for any purpose for which the original ordinance or resolution could be received.

(Code 1976, § 1-7)

State Law reference— Judicial notice of laws of the commonwealth and political subdivisions thereof, Code of Virginia, § 8.01-386.

The city council shall elect a clerk, whose duty it shall be to attend every meeting of the council and keep an accurate record of its proceedings. The clerk shall maintain on file copies of all papers brought before the council.

(Code 1976, § 2-38)

Charter reference— Authority of council to elect clerks, § 6.

The clerk of the council shall keep a journal of its proceedings and all resolutions and permanent contracts which shall be spread therein except as otherwise provided. The clerk shall also keep a separate book termed "The General Ordinance Book," in which shall be recorded all ordinances and resolutions of a general and permanent character, properly indexed and open to public inspection. Other documents or papers in possession of the clerk of the council which may affect the interest of the city shall not, without special order of the council, the mayor or vice-mayor, be exhibited nor copies thereof furnished to persons other than the committees or city officials entitled thereto.

(Code 1976, § 2-39)

Charter reference— Keeping of a journal and general ordinance book, § 12.

State Law reference— Journal of council proceedings required, Code of Virginia, § 15.1-810.

The clerk of the council shall, within forty-eight (48) hours after each session of the city council, furnish the officers or heads of departments of the city a copy of every ordinance or resolution specially pertaining to their respective departments; provided, that copies of all ordinances making appropriations or authorizing the payment of money shall be furnished to the director of finance within twenty-four (24) hours after their passage. The clerk of the council shall notify persons who have presented petitions or communications to the city council, of the final action of that body in regard thereto, within forty-eight (48) hours after such action. He shall also notify all persons elected to any office by the city council, of such election.

(Code 1976, § 2-40)

The clerk of the council shall enter upon the minute book the introduction and passage of every ordinance and shall spread upon the book of ordinances all duly adopted ordinances. In all cases of repeal, amendment or reenactment, the clerk shall make notation on the ordinance book showing cross references to the pages on which both the old and new law is spread.

(Code 1976, § 2-41)

The city manager shall be the chief executive and administrative officer of the city government, shall enforce the laws of the city and require the faithful performance of all administrative duties. The manager shall be the director of public safety, with general supervision over the fire department and police department of the city. The manager shall have the powers and responsibilities prescribed in this article and all other powers and responsibilities imposed upon or granted to him by other provisions of this Code or conferred upon city managers generally by Code of Virginia, title 15.2.

(Code 1976, § 2-45; 5-5-03(2))

The city manager may, subject to his retention of general supervision and control, delegate any powers and duties conferred upon the manager by this Code to any other officer or employee who is subject to the manager's supervision.

(Code 1976, § 2-45)

The city manager may attend council meetings and shall have the right to address the council.

(Code 1976, § 2-45)

(a)

The city manager shall have charge of the appointment of competent, qualified officers and employees to the administrative departments of the city and shall have the power to dismiss, suspend and discipline, in accordance with duly adopted personnel regulations, all officers and employees in such departments, except as otherwise specifically provided by law. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer.

(b)

The city manager may assign any employee of the city to any department or agency thereof requiring services appropriate to the classification of the employee so assigned, according to duly adopted personnel regulations.

(c)

The city manager may direct any department, division or agency of the city to perform work for any other department, division or agency.

(d)

The city manager shall have the power to set aside any action taken by a department head or other officer subject to his control, except as otherwise specifically provided by law.

(Code 1976, § 2-45)

Cross reference— Personnel, Ch. 19.

The city manager may, in order to promote the efficient operation of the affairs of the city under his management and control, within the funds appropriated therefor, create new departments and consolidate or abolish existing departments.

(Code 1976, § 2-45)

The city manager may prescribe such rules and regulations as he deems necessary or expedient for the conduct of administrative departments or agencies subject to his authority. The city manager shall have the power to revoke, suspend or amend any rule or regulation of any such department or agency, promulgated by any officer or employee subject to his control.

(Code 1976, § 2-45)

The city manager shall designate himself or some other officer or employee to perform the duties of any office or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.

(Code 1976, § 2-45)

The city manager is hereby authorized and directed to fix a payday for all city employees.

(Code 1976, § 2-46)

The city manager shall be charged with the general supervision and control of all real and tangible personal property belonging to the city government and all streets, utility systems and other public works owned, operated or controlled by the city.

(Code 1976, § 2-45)

The city manager may designate such committees as he shall find necessary for the proper consideration of matters affecting the city or its administrative service, which shall meet at his request and make such recommendations on matters referred to them as they shall find necessary for the best interest of the city.

(Code 1976, § 2-45)

The city manager shall be entitled, either by himself or by any officer or person designated by him, to investigate and examine or inquire into the affairs or operation of any department, division, office or agency of the city and, within funds appropriated by the council, may employ consultants and professional assistance to aid in such investigations, examinations or inquiries.

(Code 1976, § 2-45)

The city manager shall prepare and present to the city council such reports, summaries and other information as the council shall request or require.

(Code 1976, § 2-45)

All directors of departments and all other officers and employees shall make such reports and furnish such information regarding the affairs of their departments or offices as may be required by the city manager.

(Code 1976, § 2-44)

The term of office, duties, compensation of the attorney for the commonwealth shall be the same as those prescribed for him by the laws of the state.

(Code 1976, § 2-73)

Charter reference— Election of commonwealth's attorney, § 5(a).

State Law reference— Election and term of attorney for the commonwealth, Code of Virginia, § 24.1-86; salary, § 14.1-53.

In addition to the duties prescribed in section 2-181, it shall be the duty of the attorney for the commonwealth to represent the city in the prosecution of all cases arising under criminal and quasi-criminal provisions of this Code and other city ordinances.

(Code 1976, § 2-74)

The attorney for the commonwealth may call upon the city attorney to assist him in all cases in which the construction, interpretation or validity of a provision of this Code or other city ordinance is involved.

(Code 1976, § 2-75)

The city manager, with the advice and consent of the city council, shall appoint an attorney for the city, who shall have been admitted to practice in the courts of the commonwealth. The city attorney shall be removable at any time by the city manager with the concurrence of the city council.

(Code 1976, § 2-76)

The salary of the city attorney shall be in full compensation for his services. The city attorney shall not engage in the private practice of law.

(Code 1976, § 2-80)

(a)

The city attorney shall have the management, charge and control of all law business of the city and shall be the legal adviser of the city council, any committee thereof, the city officers and the several departments of the city government and, when required, shall furnish written or verbal opinions upon any subject involving questions of law submitted to him by any of them.

(b)

It shall be the duty of the city attorney to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements or other legal instruments of whatever nature which may be required of him by any ordinance or order of the city council or any committee thereof or which may be required by any person contracting with the city in its corporate capacity and which, by law, usage or agreement, the drafting of which is to be at the expense of the city. It shall also be his duty to commence and prosecute all actions and suits to be brought by the city before any tribunal in the city or state, or any federal tribunal, whether in law or in equity, and also to appear and defend and advocate the rights and interest of the city, or any of the officers thereof, in any suit or prosecution for any act in the discharge of their official duties, wherein any estate, right, privilege, ordinance or act of the city government may be brought in question, he shall appear for the prosecution when the case shall come into the circuit court and shall perform such other duties as are or may be required of him by any ordinance or resolution of the city council.

(c)

It is the duty of the city attorney to assist in the prosecution of all cases arising under the zoning ordinance, building code and license ordinances when so directed by the city council or by the city manager.

(d)

The city council may authorize the city attorney to retain such legal counsel as it deems necessary to assist him on legal matters for the city.

(Code 1976, § 2-77)

Cross reference— Building code, § 5-26 et seq.; licenses, Ch. 14; zoning, Ch. 34.

The city attorney shall promptly account for and pay over to the director of finance any and all funds belonging to the city, collected or received by him, and shall at the time of turning over such money to the director of finance, or immediately thereafter, furnish the director of finance with an itemized statement showing from whom and for what account the money was received.

(Code 1976, § 2-78)

It shall be the duty of the city attorney to attend all meetings of the city council unless excused by the mayor or the city manager. He shall attend all meetings of the committees of the city council when notified so to do by the clerk of the council or the city manager.

(Code 1976, § 2-79)

There is hereby created a planning commission for the city, which shall be known as the city planning commission.

(Code 1976, § 2-88)

State Law reference— Duty to create planning commission, Code of Virginia, § 15.1-427.1.

(a)

The planning commission shall consist of seven (7) members, appointed by the city council, all of whom shall be residents of the city, qualified by knowledge and experience to make decisions on questions of community growth and development. At least one-half of the members so appointed shall be owners of real property. The city council may require each member of the commission to take an oath of office.

(b)

One (1) member of the planning commission may be a member of the city council, and one (1) member may be a member of the administrative branch of government of the city. The term of each of these two (2) members shall be coextensive with the term of office to which he has been elected or appointed, unless the city council, at the first regular meeting each year, appoints others to serve as their representatives. The remaining members of the commission first appointed shall serve respectively for terms of one (1) year, two (2) years, three (3) years, and four (4) years, divided equally or as nearly equal as possible between the membership. Subsequent appointments shall be for terms of four (4) years each. Vacancies shall be filled by appointment for the unexpired term only. Members may be removed for malfeasance in office.

(Code 1976, § 2-89)

State Law reference— Similar provisions, Code of Virginia, § 15.1-437.

The city council may provide for reimbursement of actual expenses incurred by members of the planning commission or compensation to such members, or any of them, for their services, or both.

(Code 1976, § 2-89)

State Law reference— Similar provisions, Code of Virginia, § 15.1-437.

The members of the planning commission shall elect from their number a chairman and vice-chairman, who shall serve as such for a term of one (1) year and shall be eligible for reelection.

(Code 1976, § 2-90)

State Law reference— Similar provisions, Code of Virginia, § 15.1-442.

For their services, the chairman of the planning commission shall receive annual compensation of three thousand five hundred dollars ($3,500.00) and the other members of the commission shall receive annual compensation of two thousand nine hundred dollars ($2,900.00).

(Code 1976, § 2-90; Ord. of 5-21-07(1))

The director of planning and community development shall serve ex officio as the secretary of the planning commission but shall have no vote and shall receive no addition to his regular salary for such service.

(Code 1976, § 2-90)

The planning commission shall have such powers and perform such duties as are set forth in sections 15.1-437 to 15.1-445 of the Code of Virginia.

(Code 1976, § 2-92)

The planning commission shall hold at least one (1) regular meeting in each month, shall adopt such rules and regulations for the transaction of its business as it may deem necessary and shall keep a written record of its regulations, transactions, findings and determinations.

(Code 1976, § 2-91)

State Law reference— Planning commission meetings, rules and records, Code of Virginia, §§ 15.1-439, 15.1-442.

The planning commission shall have no authority to charge the city with any liability or to incur any expenses except as may be expressly authorized by the city council and after funds have been appropriated by the city council for the purpose.

(Code 1976, § 2-92)

State Law reference— Commission expenditures to be within appropriated amounts, Code of Virginia, § 15.1-442.

As used in this article, the term "airport commission" or "commission" means the joint airport commission established pursuant to § 7(D) of the Charlottesville-Albemarle Airport Authority Act (2003 Acts of Assembly, Chapter 864), as set forth within section 2-267, below.

(12-1-03(1))

There is hereby established a Charlottesville-Albemarle Joint Airport Commission, to consist of seven (7) members. The members shall be citizens of the City of Charlottesville or of Albemarle County who hold no other municipal or county office, and shall be appointed as follows: three (3) members shall be appointed by the city council, three (3) members shall be appointed by the Board of Supervisors of Albemarle County, and one (1) member shall be appointed by the joint action of the city council and board of supervisors, each for a three-year term. The member appointed by joint action of the city and county shall also serve as a member of the governing board of the Charlottesville-Albemarle Airport Authority. An appointment to fill any vacancy on the commission resulting from the resignation, removal or other unavailability of a member shall be for the unexpired portion of the vacant term only.

(12-1-03(1))

(a)

All members of the airport commission shall serve without compensation.

(b)

All members will serve terms which expire on December first of the third year following their appointment. No members will be appointed to more than two (2) three-year terms. A person initially appointed to serve the unexpired term of another may thereafter serve no more than two (2) three-year terms of his own.

(c)

In the event a member appointed to the commission by the city or county is subsequently selected as the city/county joint appointee, and commencement of the term of the joint appointment does not coincide with the expiration of the appointee's then-current term, then he shall be deemed to have vacated the seat held on the commission immediately prior to the joint appointment. Selection as the joint appointee of the city and county shall not extend the amount of time or the number of terms such person is eligible to serve on the commission, except that the time served in the seat vacated shall be treated the same as time served by persons initially appointed to fill the unexpired term of another.

(d)

Any member serving on the commission on January 1, 2003 and who is at that time serving a second three-year term of his own, shall be eligible for one (1) additional three-year term.

(12-1-03(1))

As soon after their appointment as possible, the members of the airport commission shall convene and elect a chairperson and vice-chairperson from their group for a term of one (1) year. The airport's executive director or his designee (s) shall serve as staff to the airport commission and shall perform such duties as are appropriate, including the keeping of proper minutes of the meetings of the commission. Anyone designated by the airport's executive director to perform duties for the airport commission shall report to, and be subject to the supervision of, the airport's executive director in the performance of such duties.

(12-1-03(1))

Any person who has served as a member of the commission for the maximum amount of time authorized by this ordinance shall thereafter become re-eligible for appointment, following the passage of at least three (3) years from the expiration of his last term.

(12-1-03(1))

The airport commission shall be an advisory body having the duty of keeping the two (2) governing bodies and the Charlottesville-Albemarle Airport Authority advised on all matters pertaining to the airport.

(12-1-03(1))

The school board of the city shall be composed of seven (7) members, to be appointed by the city council, and there shall be at least one (1) member from each ward of the city. All vacancies occurring by expiration of the term of office, as provided in the Charter, shall be filled at the second regular meeting of the city council in June of each year for a term of three (3) years, beginning on July 1. Vacancies occurring otherwise than by expiration of the term of office shall be filled for the unexpired term. No member shall be eligible to serve more than three (3) successive full three-year terms. If, for any reason, the city council should not fill the vacancies on or before July 1, as above provided, appointments, when made, shall be for the unexpired term.

(Code 1976, § 2-109)

The school board shall have the care, management and control of public school property of the city, as provided by the laws of the state.

(Code 1976, § 2-110)

It shall be the duty of the school board annually, on or before March thirty-first of each year, and oftener if deemed necessary by the city council, to submit to the city council, in writing, a classified report, as prescribed by the city council, of all expenditures and a classified estimate of what funds will be needed for the proper maintenance and growth of the public schools of the city and to request the city council to make provisions by appropriation or levy for the same.

(Code 1976, § 2-111)

State Law reference— Similar provisions, Code of Virginia, §§ 22.1-90, 22.1-92.

The Charlottesville-Albemarle Regional Jail Board created pursuant to a resolution duly adopted by the city council on April 9, 1974, and by the board of supervisors of Albemarle County on April 18, 1974, shall consist of seven (7) members. The board shall include the sheriffs of the city and the county who shall serve for a term consistent with their respective terms as sheriff; one (1) member of the city council to be appointed by the council and who shall hold office at the pleasure of the council; one (1) member of the board of supervisors to be appointed by the board of supervisors and who shall hold office at the pleasure of the board of supervisors; one (1) private citizen from the city and one (1) from the county, to be appointed by the respective governing bodies for terms of three (3) years, and one (1) additional private citizen to be appointed jointly by the governing bodies for a term of three (3) years.

(Code 1976, § 2-112)

Vacancies on the regional jail board shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council and board of supervisors, render such member liable to immediate removal from office.

(Code 1976, § 2-113)

As used in this article the word "authority" means the economic development authority created by section 2-387.

(Code 1976, § 2-114; 9-4-07)

Cross reference— Definitions and rules of construction generally, § 1-2.

There is hereby created a political subdivision of the commonwealth to be known and designated as the Economic Development Authority of the City of Charlottesville, Virginia.

(Code 1976, § 2-114; 9-4-07)

State Law reference— Authority for above section, Code of Virginia, § 15.1-1376.

The authority shall be governed by board of directors in which all powers of the authority shall be vested, composed of seven (7) members appointed by the city council as provided by general law.

(Code 1976, § 2-115; 9-4-07)

State Law reference— Similar provisions and appointment, terms, etc., of directors, Code of Virginia, § 15.1-1377.

The authority shall have all such public and corporate powers as are or may from time to time be conferred upon industrial development authorities generally by the provisions of the Industrial Development and Revenue Bond Act, Code of Virginia, Chapter 49 of Title 15.2 (Sections 15.2-4900, et seq.) and shall in the exercise of such powers adhere in all respects to the provisions of such act, except as otherwise hereinafter expressly provided.

(Code 1976, § 2-116; 9-4-07)

Editor's note— Ord. of November 20, 2006(1), repealed § 2-390, which pertained to limitations on financing certain projects. See also the Code Comparative Table.

In determining whether a particular facility or project should be financed by the authority, both the authority and the city council shall give priority to those facilities which:

(1)

Are proposed to be located within an area designated as an urban renewal project by the Charlottesville Redevelopment and Housing Authority, or

(2)

Are in harmony with and further the fulfillment of the duly adopted comprehensive plan of the city or the central business district master development plan as such plans may from time to time be amended by city council, or

(3)

Are likely to produce the greatest increases in revenue from property sales, license and other taxes to the city, or

(4)

Are most likely to produce expanded employment opportunities for the citizens of the city and surrounding jurisdictions, and which:

(5)

Will be least likely to produce pollution or adverse environmental consequences, and

(6)

Are least likely to necessitate the expenditures of additional public funds for the provision of essential or customary public services.

Each applicant, to be eligible for financing hereunder, must have an established affirmative action plan or written policy with regard to employment practices. The applicant shall also demonstrate its commitment to equal employment opportunities for all employees, all job applicants and future employees, without regard to race, color, religion, sex, sexual orientation, age, national origin or physical handicap. The plan or policy and the commitment shall be consistent with federal and state laws on the subject.

(Code 1976, § 2-118; 6-25-90)

(a)

This article sets forth planning and decision making procedures for the community development block grant (CDBG) and HOME Investment Partnerships (HOME) programs, funded under the federal Housing and Community Development Act of 1974, and the federal HOME Investment Partnerships Act of 1991, as amended.

(b)

CDBG funds should be used primarily to benefit low and moderate income persons and to meet the national objectives, as defined by the United States Department of Housing and Urban Development (HUD). The funds may be spent for any activities permitted by the Housing and Community Development Act of 1974, as amended, and applicable federal regulations. HOME funds should be used to strengthen public-private partnerships to provide more affordable housing, as defined by HUD. The funds may be spent for any activities permitted by the HOME Investment Partnerships Act of 1991, as amended, and applicable federal regulations.

(c)

The process established by this article shall apply only to funds specifically allocated for CDBG programs under the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act of 1991, as amended, or other funds specifically allocated for such purposes by city council.

(d)

This process shall not apply to the allocation of any funds remaining from urban renewal activities in the Garrett Street or Vinegar Hill urban renewal projects.

(Ord. of 8-15-16(2))

(a)

The community development block grant/HOME task force is hereby established to make recommendations to the planning commission and city council for funding housing, community development, economic development, and public service needs based on the consolidated plan and the CDBG priorities as established by city council annually. The CDBG/HOME task force will work with city administration to evaluate CDBG and HOME programs to ensure consistency with the consolidated plan goals. Such recommendations and evaluations shall be forwarded in accordance with the procedures set forth in this article.

(b)

The CDBG/HOME task force shall be composed of nine (9) members appointed by the city council. The members shall include:

(1)

Five (5) members from HUD's identified income eligible areas of the city who are residents of city council designated priority neighborhoods;

(2)

One (1) member of the planning commission;

(3)

One (1) member representing public service programs as defined at 24 CFR 570.201;

(4)

One (1) member of the city school board;

(5)

One (1) additional citizen.

The term for the one (1) member of the CDBG task force from the planning commission and the one (1) member of the school board shall be coextensive with the term of office to which such member has been elected or appointed, unless the city council, at the first regular meeting each year, appoints others to serve as their representatives. The remaining members of the task force first appointed shall serve respectively for terms of one (1) year, two (2) years, and three (3) years, divided equally or as nearly equal as possible between the membership. Subsequent appointments shall be for terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired term only. Members may serve up to two (2) consecutive full terms.

(Ord. of 8-15-16(2))

(a)

Priority neighborhood subcommittee. When the city council determines that a portion of available CDBG funds will be used to assist an income eligible area, the council may appoint a priority neighborhood subcommittee, including but not limited to representatives of the CDBG task force, the planning commission and residents, business people and property owners from the priority neighborhood. The term of each priority neighborhood subcommittee shall be three (3) years, unless otherwise specified by the council, and each priority neighborhood subcommittee shall operate under such guidelines and perform such advisory functions as the council may direct at the time of appointment. Priority neighborhood subcommittee shall make recommendations to the CDBG/HOME task force for funding housing and community development needs based on the consolidated plan and work with the city to evaluate feasibility and to ensure consistency with programmatic regulations. The city council will designate an income eligible area for three (3) years with the authority to postpone or extend funding in the event of a compelling project or need.

(b)

Economic development subcommittee. When the city council provides for a CDBG economic development set aside, the city staff who participate on the strategic action team (SAT) will serve as the economic development subcommittee. The SAT is an interdisciplinary team of city staff who examine the city's workforce development efforts and assist with policy development focused on self-sufficiency for city residents. When the city council determines that a separate economic development subcommittee is needed, the city council shall appoint members with economic development expertise, including but not limited to local business owners, chamber of commerce, office of economic development and other major stakeholders. The subcommittee shall make recommendations to the CDBG/HOME task force for funding economic development projects based on the consolidated plan and work with city staff to evaluate feasibility and ensure consistency with programmatic regulations.

(Ord. of 8-15-16(2))

The following steps shall comprise the annual process for planning and programming the expenditure of CDBG and HOME funds.

(1)

City staff assigned to CDBG task force will review CDBG/HOME consolidated plan goals and applicable regulations to formulate recommendations for annual funding priorities.

(2)

The city council shall conduct a public hearing to solicit the views of citizens on city wide community development and housing needs. The purpose of this public hearing shall be for council to receive citizens' comments on recommended priorities and program performance. The notice of the public hearing shall include an estimate of the amount of funds available for CDBG and HOME activities and the range of activities that may be undertaken, as well as how the public can access a copy of the most recent consolidated annual performance evaluation report (CAPER). Public comments may be presented in writing or in person.

(3)

After receiving all comments, council shall establish priorities for the grant year, including such percentage allocations of funds to categories and to particular income eligible areas as it deems appropriate.

(4)

After council establishes priorities for the grant year, city staff with the CDBG/HOME task force will develop a request for proposals, within the funding priorities established by council, to be advertised and distributed to interested parties and prior recipients of funds.

(5)

Responses to the city's request for proposals will be evaluated by the CDBG/HOME task force.

(6)

The CDBG/HOME task force shall provide funding recommendations to the planning commission and city council to ensure that proposed projects are consistent with the CDBG program requirements and national objectives and/or HOME program requirements, as applicable. Review will also include a determination of consistency with the city's comprehensive plan and affordable housing goal(s).

(7)

The city council and planning commission shall conduct a joint public hearing to receive public comments on the proposed annual action plan of the consolidated plan and CDBG/HOME performance, as appropriate. Notwithstanding the foregoing, the CDBG/Home performance plan may be presented at a separate public hearing as required by the Code of Federal Regulations.

(8)

Following the public hearing and any additional meetings or hearings deemed by the city council to be necessary, the council shall make a final decision on the programs, projects and expenditures to be funded from the year's CDBG/HOME programs.

(9)

The city shall provide the task force and planning commission with the Consolidated Annual Performance Evaluation Report (CAPER) in conjunction with the city's submission to HUD. The CAPER and evaluation of program specific successes and challenges will be used in future CDBG/HOME recommendations to city council for projects and programs.

(10)

Once council has approved and funded a program, any reprogramming and budgetary changes will be done consistent with the citizen participation plan adopted by council.

(Ord. of 8-15-16(2))

(a)

Plans or amendments, as required under this article shall be advertised in the manner provided by Code of Virginia, § 15.2-2204, and in accordance with the adopted citizen participation plan.

(b)

All meetings conducted pursuant to this article and all records of the CDBG and HOME programs shall be subject to the provisions of the Virginia Freedom of Information Act.

(Ord. of 8-15-16(2))

Editor's note— Ord. of Dec. 15, 2003, repealed § 2-421, which pertained to expiration of article. See also the Code Comparative Table.

The purpose of this article is to establish a technology zone, wherein the city may grant certain tax or other incentives to encourage the expansion of its commercial and industrial tax base.

(6-19-00(1), § 1)

(a)

There is hereby established a technology zone, consisting of all areas located within the corporate boundaries of the City of Charlottesville, as such boundaries exist and may be adjusted from time to time. Nothing set forth within this article shall preclude any area within the City of Charlottesville from also being designated as an enterprise zone.

(b)

Within the city's technology zone, a technology business shall receive a reduction of taxes owed to the city under Chapter 14 of the City Code, as provided by section 14-24 thereof.

(c)

A business engaged in any of the following activities shall be deemed a "technology business":

(1)

Design, development or other creation, for lease, sale or license, of computer software or hardware, computer network protocols, information systems, Internet software, Internet database applications;

(2)

Provision of Internet services (i.e., services, including an Internet Web-hosting service, enabling users to access content, information, electronic mail and the Internet as part of a package of services sold to customers), and business-to-business exchanges;

(3)

Design, development or other creation, for lease, sale or license, of biotechnology, or pharmaceutical or medical technologies or products, including, without limitation: drug development, clinical trials services, data management and reporting and regulatory services;

(4)

Design, development or other creation or provision, for lease, sale or license, of immunology and analytical biochemistry services, including, without limitation: mass spectrometry and HPLC, or liquid chromatography, equipment, services and supplies;

(5)

Design, development or other creation, for lease, sale or license, of telecommunications equipment or technology, such as digital switching systems, Internet protocol telephony gateway, network telephone solutions;

(6)

Design, development or other creation of electronics, for lease, sale or license, including, without limitation: flexible and printed circuits, custom integrated circuits, electronic assemblies, medical electronics displays.

(7)

Receipt, as the principal or prime contractor, of identifiable federal appropriations for research and development services, as such services are defined in § 31.205-18(a) of the Federal Acquisition Regulations, in the areas of: (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences.

(8)

The mere use of computer hardware or software in the performance of business activities will not render a business a "technology business" for the purposes of the technology zone, including, without limitation any such businesses which offer training or education to employees with respect to the use of computer hardware or software in the performance of the employees' job duties.

(d)

The department of economic development shall be responsible for promoting the incentives and other benefits conferred upon technology businesses by this technology zone.

(6-19-00(1), § 1)

This article shall be known and referred to as the Charlottesville Human Rights Ordinance.

(5-20-13(1))

(a)

It shall be unlawful and a violation of this article for any person, partnership, corporation or other entity to engage in discrimination in housing, employment, public accommodations, credit, and education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status or disability.

(b)

As used herein, the term "discrimination on the basis of sex" is defined to include, but not be limited to, discrimination on the basis of gender identity, transgender status or sexual orientation.

(c)

As used herein, the term "unlawful discriminatory practice" includes conduct in violation of any comparable Virginia or federal statute or regulation governing unlawful discrimination.

(5-20-13(1))

(a)

There is hereby created in the City of Charlottesville a human rights commission, consisting of no less than nine (9) members appointed by the city council. The commission membership shall be broadly representative of the city's population, with consideration of racial, gender (including gender identity, transgender status, and sexual orientation), religious, ethnic, disabled, socio-economic, geographic neighborhood and age groups within the city. Of the members first appointed, at least three (3) shall be appointed for terms of three (3) years, at least three (3) shall be appointed for terms of two (2) years, and at least three (3) shall be appointed for terms of one (1) year. Thereafter members shall be appointed for terms of three (3) years each. Any vacancy shall be filled by the city council for the unexpired portion of a term. Following notice to the member, any member of the commission may be removed for good cause by a majority vote of city council.

(b)

The commission shall elect from its members a chair, a vice-chair, and such other officers as the commission may deem appropriate. The commission may also adopt rules and procedures to govern the conduct of its affairs.

(c)

Members of the commission shall serve without compensation, but funds may be appropriated in the city's annual budget for reasonable and necessary expenses to be incurred by commission in the conduct of its prescribed functions.

(d)

All meetings of the commission shall be advertised in advance and in the manner required by law, and shall be open to the public except for meetings lawfully closed pursuant to the Virginia Freedom of Information Act. At the beginning and at the end of each of its public meetings the commission will receive public comment in accordance with city council's "Rules for Public Participation."

(e)

The commission may, in its discretion, delegate any of its duties or responsibilities hereunder to a panel of not less than three (3) commissioners.

(f)

There shall be a full-time director of the commission, who shall be appointed by the city manager with the advice and consent of the commission and who shall serve full time in that capacity. The director will be responsible for and report to the commission in the day-to-day operational conduct of the commission's activities. The director shall report directly to the city manager for administrative and fiscal matters. The city manager shall delegate to the director the authority to employ such additional staff as authorized and funded by the city council, in order for the commission to fulfill effectively its obligations under this article.

(g)

All city departments, boards and commissions shall cooperate with and provide assistance to the commission, including the provision of information in response to reasonable requests from the commission.

(h)

Legal counsel shall be provided to the commission and its staff through the office of the city attorney. The city council may authorize retention of outside counsel where deemed appropriate upon recommendation of the city attorney.

(5-20-13(1))

The role of the human rights commission is to act as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. The commission will:

(1)

Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the city and advise those bodies on issues related to human rights issues;

(2)

Collaborate with the public and private sectors for the purpose of providing awareness, education and guidance on methods to prevent and eliminate discrimination citywide;

(3)

Assist individuals who believe they are the victim of an act of unlawful discrimination within the city;

(4)

Make recommendations regarding the city's annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination;

(5-20-13(1))

(a)

The commission will serve as a forum for the discussion of human rights issues, and be responsible for conducting ongoing efforts to engage community members in an open, honest and creative dialogue regarding issues of equity and opportunity, including but not limited to issues considered by the city's dialogue on race initiative.

(b)

The commission may conduct or engage in educational and informational programs for the promotion of mutual understanding, reconciliation and respect between all classes of individuals protected by this article and the larger Charlottesville community.

(5-20-13(1))

(a)

The commission will be responsible for identifying and reviewing policies, practices and systems of an institutional nature that:

(1)

May be unlawful discriminatory practices; or,

(2)

May not constitute unlawful discriminatory practices but nevertheless which produce disparities that adversely impact affected individuals on the basis of a status such as their race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, criminal record, income or disability.

(b)

Any review undertaken pursuant to this section may be initiated at the request of any other public or private entity, or by the commission on its own initiative.

(c)

The commission may conduct its own research and review of existing studies and literature, collaborate with other research organizations, organize public focus groups and hold such hearings as may be necessary to identify policies, practices and systems as referenced in (a), above. For each such identified policy, practice or system, the goal of the commission will be to formulate recommendations and to propose concrete, actionable reforms that will eliminate discriminatory practices or the adverse effects of lawful other practices.

(5-20-13(1))

(a)

The director will develop and implement a central intake mechanism for receiving and processing individual complaints that allege an unlawful discriminatory practice in the city.

(b)

In cases where investigation and remediation are already available in the city, such as employment discrimination complaints within the jurisdiction of the Equal Employment Opportunity Commission ("EEOC") or fair housing complaints addressed by the Piedmont Housing Alliance, the complaint will be referred to that agency so that investigation and enforcement may be initiated by those bodies, which will offer services in the city and, to the extent allowed by law, report their findings to the commission.

(c)

For all other complaints alleging an unlawful discriminatory practice as defined herein within the corporate limits of the city, the director or other designated professional staff will conduct, as authorized by this article, fact-finding, mediation, conciliation, and, if necessary, full investigation of the complaint as he or she deems appropriate to ascertain the facts underlying the charge of discrimination, provided that the complaint may be dismissed by the director without investigation if it fails to adequately allege a violation of this article or is otherwise deficient on its face. If the complaint is not dismissed the director will serve a copy on each respondent named therein. Upon completion of the initial investigation, the director shall render a written determination of whether there is probable cause to believe a violation of this article has occurred, and the facts supporting such determination. The written determination shall promptly be served on the parties.

(d)

If the director determines that there is probable cause to believe a violation has occurred, the director will propose an initial meeting between the parties for the purpose of exploring a resolution of the complaint through voluntary mediation or other informal means. Nothing herein shall be interpreted as requiring any party to participate in mediation or any other conciliatory efforts. Materials used and communications made during a mediation or informal conciliation shall be confidential, and shall not be disclosed to the public by the director, the commission or its staff unless disclosure is authorized in writing by all parties to the dispute.

(e)

If the mediation or conciliation is concluded to the satisfaction of both parties, the complaint will be considered resolved upon the parties' execution of a written conciliation or settlement agreement. Unless all parties agree otherwise the execution of a written agreement is solely for the purpose of settling a disputed claim, and does not constitute an admission by any party that the law has been violated. No further action on the initial complaint will be taken by the commission or its staff once the agreement is executed. If mediation or conciliation is not successful, the director or designee may conduct further investigation or, if further investigation is not warranted, either dismiss the complaint as not constituting a violation or proceed with the preparation of materials for consideration by the commission, as provided in section 2-439.1(b).

(f)

In order to fulfill the requirements of this section, the city manager is authorized to contract on behalf of the city with any objective, neutral third party qualified to assess allegations of discriminatory conduct as prohibited in section 2-431, for the purpose of receiving complaints, conducting investigations, rendering written determinations of whether there is probable cause to believe a violation of this article has occurred, conducting mediations or conciliations of complaints and advising the director of the commission of the results of any investigation, mediation or conciliation of complaints.

(5-20-13(1))

(a)

If the director determines that there is insufficient probable cause to believe a violation of this article has occurred, the director shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) business days of receipt of notice of the dismissal, the complainant files with the commission a request for a review of the determination of the director. On written petition of the complainant the commission may review the director's conclusion, and may either overrule or affirm the finding of no probable cause. The parties may submit such additional information as they desire for the commission's consideration. If the commission determines that probable cause exists, it shall direct the director to continue the investigation or proceed with conciliation efforts.

(b)

If the director determines that probable cause to believe a violation did occur and either party declines to participate in mediation or other informal means of resolving the complaint, or if such efforts are attempted but unsuccessful, the director shall prepare a written summary of the evidence on which the determination of probable cause is based, and shall recommend appropriate remedies for the discriminatory actions in a report to the commission. The commission shall determine by majority vote whether to hold a public hearing on the complaint. The commission shall base its determination on its judgment as to how enforcement of this article would be best served. If the commission determines not to hold a public hearing, it shall either dismiss the complaint or take such action as it deems appropriate and consistent with the purposes of this article and the powers of the commission hereunder.

(c)

If a hearing is to be held, the commission shall promptly notify the parties of the time, date and location of the hearing and serve upon them a statement of the charges against the respondent, the director's summary of the evidence and recommended remedies, and the issues to be considered at the hearing. The commission will have the option to consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the hearing to one (1) or more of the allegations or issues. The notice and statement shall be served no later than fourteen (14) days prior to the date of the hearing. Hearings of the commission may be held before the entire commission or before designated hearing panels, consisting of three (3) or more members of the commission, as the commission in its discretion may determine. The chair or a commissioner designated by the chair shall preside over the public hearing, which shall be open to the public.

(d)

Whenever the commission has reasonable cause to believe that any person has engaged in or is engaging in any unlawful discriminatory practice, and the commission, after a good faith effort to obtain the data and information necessary to determine whether a violation has occurred, has been unable to obtain such information, it may request the city attorney to apply to the judge of the circuit court of the jurisdiction in which the respondent resides or is doing business for a subpoena duces tecum against any person refusing to produce such data and information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. For purposes of this section, "person" includes any individual, partnership, corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof.

(e)

In cases to be heard by the commission the complainant and the responding parties shall be entitled:

(1)

To file written statements or arguments with the commission prior to the hearing;

(2)

To be represented by privately retained counsel of his or her choice;

(3)

To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation;

(4)

To submit rebuttal evidence; and

(5)

To conduct such cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but the commission as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The commission shall not be bound by the strict rules of evidence prevailing in the courts of law or equity.

(f)

The director shall be responsible for assuring the development of the evidentiary record before the commission and may introduce evidence, examine or cross-examine witnesses, or make argument if he or she deems it advisable in order to fully apprise the commission of the facts or the applicable law. The commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person unless otherwise provided by any applicable law or regulations. Any party may request that the commission furnish such party a copy of the hearing record and shall reimburse the commission for the cost of producing the copy. In matters where any party is represented by counsel, the office of the city attorney shall provide an attorney as counsel to the commission who will also assist the director in preparing the case.

(g)

If, after the hearing, the commission determines by a preponderance of the evidence that the respondent has committed or is committing the alleged violation(s) of this article, the commission shall state its findings and may issue recommendations, to be served promptly on the parties, which recommendations may include notice to the respondent to cease and desist from such violation(s) and to take such action as may be authorized by law to effectuate the purpose of this article, including but not limited to the payment by respondent of compensatory damages to any person or persons found by the commission to be so entitled by reason of the violation(s) of this article, or the placement or restoration of any person in or to such status in which the commission finds he or she would be but for respondent's violation(s) of this article.

(h)

If, after receiving the evidence presented at the hearing, the commission finds that the respondent has not engaged in the alleged violation(s) of this article, the commission shall state its findings and shall dismiss the complaint. Prompt notice of such action shall be given to the parties.

(i)

Nothing herein shall be construed as authorizing the commission to issue subpoenas, award damages or grant injunctive relief.

(5-20-13(1))

(a)

If the commission finds that a respondent has committed a violation of this article and determines that appropriate remedial measures have not been taken, the commission, through the city attorney, and subject to approval by the city council, may file an appropriate action in any court of competent jurisdiction to prove, de novo, that the respondent violated this chapter; secure compliance with this chapter; and/or obtain appropriate relief available under any applicable federal or state statute or regulation including, but not limited to an award of injunctive relief, compensatory and/or punitive damages and a recovery of costs and attorney's fees for any person, including the city, injured as a result of a violation of this chapter.

(b)

If the city council approves the institution of any proceeding in court, the proceeding shall be brought in the name of the City Council and the Human Rights Commission of the City of Charlottesville.

(5-20-13(1))

It shall be unlawful for any commissioner, officer, employee, contractor or staff member of the commission to disclose or make public any complaints, investigative notes, or other correspondence and information furnished to the commission or its staff in confidence with respect to a complaint, an investigation or conciliation process involving an alleged unlawful discriminatory practice. A violation of this section shall be a Class 3 misdemeanor.

(5-20-13(1))

The commission shall make an annual comprehensive report to city council that outlines its efforts during the preceding year in the areas of identifying and addressing systemic or institutional discrimination; processing individual complaints of unlawful discrimination; and facilitating a community dialogue regarding issues of human rights. The report shall also outline the commission's work plan for the ensuing year, which shall be subject to approval or modification by city council.

(5-20-13(1))

The provisions of the article are severable; and if any provision, sentence, clause, section or part thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this article would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the chapter or any part thereof is inapplicable had been specifically exempted therefrom.

(5-20-13(1))

(a)

No minor under eighteen (18) years of age shall be employed in, play in, remain in or frequent any billiard saloon or poolroom; provided, however, a minor under sixteen (16) years of age may play billiards or pool in a public billiard saloon or poolroom if accompanied by a parent or legal guardian; and, provided further, that minors sixteen (16) and seventeen (17) years of age may frequent and play billiards or pool in a public poolroom or billiard saloon if such public poolroom or billiard saloon is situated on the first floor of the building in which it is located at approximately ground or sidewalk level with sufficient windows or clear glass fronts to afford an unobstructed view of the interior. The interior of such public poolroom or billiard saloon shall be well lighted and without partitions in the playing area. No public poolroom or billiard saloon which permits minors, as authorized by this section, to play billiards or pool shall sell any alcoholic beverages or permit any alcoholic beverages to be consumed on such premises.

(b)

If any owner or keeper of any billiard saloon or poolroom as set forth above allows any minor to violate the provisions of this section, he shall be deemed to be guilty of a violation of this section.

(c)

For the purposes of this section, the term "poolroom or billiard saloon" shall not be construed to include an establishment in which not more than three (3) pool tables having a gross playing surface each of three thousand two hundred (3,200) square inches or less and operating on the coin-in-the-slot principle are exclusively kept or played.

(d)

A violation of the provisions of this section shall constitute a Class 3 misdemeanor.

(Code 1976, § 3-1)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11; curfew for minors, §§ 17-7, 17-8.

State Law reference— Authority for above section, Code of Virginia, § 18.2-432.

(a)

No person shall conduct any carnival or other like show or exhibition within the city without first making a deposit with the city treasurer of fifty dollars ($50.00) for each day on which an exhibition is proposed to cover the cost of additional city services in connection with such carnival, which shall be paid out of such deposit and the difference, if any, refunded. The chief of police shall designate such members of the police department as he may deem necessary for the policing of such carnival or other exhibition.

(b)

A violation of this section shall constitute a Class 2 misdemeanor.

(Code 1976, § 3-2)

Cross reference— Penalty for Class 2 misdemeanor, § 1-11; license tax on carnivals, § 14-55.

(a)

No minor under eighteen (18) years of age shall be employed in, play in, remain in or frequent any billiard saloon or poolroom; provided, however, a minor under sixteen (16) years of age may play billiards or pool in a public billiard saloon or poolroom if accompanied by a parent or legal guardian; and, provided further, that minors sixteen (16) and seventeen (17) years of age may frequent and play billiards or pool in a public poolroom or billiard saloon if such public poolroom or billiard saloon is situated on the first floor of the building in which it is located at approximately ground or sidewalk level with sufficient windows or clear glass fronts to afford an unobstructed view of the interior. The interior of such public poolroom or billiard saloon shall be well lighted and without partitions in the playing area. No public poolroom or billiard saloon which permits minors, as authorized by this section, to play billiards or pool shall sell any alcoholic beverages or permit any alcoholic beverages to be consumed on such premises.

(b)

If any owner or keeper of any billiard saloon or poolroom as set forth above allows any minor to violate the provisions of this section, he shall be deemed to be guilty of a violation of this section.

(c)

For the purposes of this section, the term "poolroom or billiard saloon" shall not be construed to include an establishment in which not more than three (3) pool tables having a gross playing surface each of three thousand two hundred (3,200) square inches or less and operating on the coin-in-the-slot principle are exclusively kept or played.

(d)

A violation of the provisions of this section shall constitute a Class 3 misdemeanor.

(Code 1976, § 3-1)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11; curfew for minors, §§ 17-7, 17-8.

State Law reference— Authority for above section, Code of Virginia, § 18.2-432.

(a)

No person shall conduct any carnival or other like show or exhibition within the city without first making a deposit with the city treasurer of fifty dollars ($50.00) for each day on which an exhibition is proposed to cover the cost of additional city services in connection with such carnival, which shall be paid out of such deposit and the difference, if any, refunded. The chief of police shall designate such members of the police department as he may deem necessary for the policing of such carnival or other exhibition.

(b)

A violation of this section shall constitute a Class 2 misdemeanor.

(Code 1976, § 3-2)

Cross reference— Penalty for Class 2 misdemeanor, § 1-11; license tax on carnivals, § 14-55.

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

(11-20-06(2))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section Virginia Code § 3.1-796.68 for a period of five (5) consecutive days.

Agricultural animals means all livestock and poultry.

Animal means any nonhuman vertebrate species except fish. For the purposes of section 4-15, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

Animal control officer means any person appointed as an animal control officer or deputy animal control officer as provided in Virginia Code § 3.1-796.66.

Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.

Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

Cat means every cat, regardless of sex or age.

Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life.

Dump means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.

Dog means every dog, regardless of sex or age.

Enclosure means a structure used to house or restrict animals from running at large.

Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.

Law enforcement officer means any person who is a full-time or part-time employee of the city police department of city sheriff's department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the city and commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing department.

Leash means a physical restraint made of leather, chain, rope, or other reasonably strong material, which is securely attached to a dog's collar or harness and which is intended to be held by an owner of a dog or attached to an immovable object.

Miniature goat means a goat weighing less than one hundred (100) pounds, commonly known as pygmy, dwarf or miniature goats.

Owner means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

Pound means a facility operated by the city, or under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals under a contract with the city.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

Sore shall have the same meaning as set forth in Virginia Code § 3.1-796.66.

Sterilized means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.

To run at large or running at large means to roam, loiter, walk, run or be on or off the premises of the owner without being fenced, caged, physically carried, kept in an enclosure, or held by leash by a person thoroughly capable both physically and mentally of controlling the animal. A dog shall not be considered to be running at large if it is both (i) sterilized, as defined in this Chapter; and (ii) within the immediate voice control of its owner; provided, however, that the immediate voice control option shall not be applicable in those areas where a leash is mandatory pursuant to section 4-40.

Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.

(11-20-06(2); 9-7-10(1))

The Charlottesville-Albemarle S.P.C.A. Shelter, pursuant to a contract between the SPCA and the City of Charlottesville, serves as the city pound for the purposes of this chapter. Any dog or cat which has been confined in the city pound pursuant to the provisions of this chapter shall be kept for a period of not less than five (5) days unless sooner claimed by the owner; provided, that no provision herein shall be construed to prohibit the destruction of critically injured or ill dogs or cats for humane purposes. The owners and operators of the pound shall comply with the provisions of Virginia Code § 3.1-796.96 and all applicable regulations promulgated by the Virginia Board of Agriculture and Consumer Services.

(11-20-06(2))

(a)

Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the city is hereby created, and vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of Virginia, all ordinances enacted pursuant to that chapter, and all laws for the protection of domestic animals. The animal control officer and his deputies, if any, shall be appointed as prescribed in such section of the state law.

(b)

The animal control officer shall maintain complete and accurate records of all actions taken in the enforcement of this chapter and the provisions of state law, including but not limited to records of all dogs found to be aggressive, dangerous or vicious and all official complaints and investigations regarding possible violations of law.

(11-20-06(2))

(a)

No owner of an animal which is known or reasonably suspected of being dangerous shall suffer or permit such animal to run at large in the city or be kept in the city at any time except in strict confinement in such manner as to be safe for the public at large or any person who may have occasion to go on the premises on which such animal is kept.

(b)

If the owner of any animal known or reasonably suspected of being dangerous fails to take it into custody after being notified to do so by the animal warden, such animal may be killed by the animal warden if it is deemed necessary for the safety of the public. Upon complaint or warrant alleging that a dangerous animal is being allowed to run at large in the city, or is not being confined in the manner provided by this section, the owner of the animal shall be brought before the judge of the general district court and, after inquiry into the facts, the judge shall order the animal killed by the animal warden or make such further disposition of the case as shall ensure the future safety of the public from danger from such animal. If the owner of the animal cannot be ascertained, the animal shall be taken into custody by the animal warden and, upon its being determined that subsection (a) of this section is being violated with respect to such animal, it shall be disposed of as hereinbefore provided, just as if the owner were present.

(11-20-06(2))

(a)

No owner of an animal shall suffer or permit it to go upon the land of any other person and damage or destroy any garden, shrub, grass or other property thereon.

(b)

Any person owning property which is damaged or destroyed by any violation described in this section may enter a complaint by a warrant issued against the owner of the animal involved, and the complaint shall be heard by the judge of the general district court as all other complaints under criminal warrants are heard.

(c)

A violation of this section shall constitute a Class 4 misdemeanor. Upon a second conviction within one (1) year of a violation of this section involving the same animal, in addition to imposing a fine for the violation, the judge shall order the owner of the animal to take it into custody and to confine it in such a way that it will not be permitted to run at large at any time. Upon the failure of the owner to comply with such order, the animal shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.

(11-20-06(2))

No person shall permit a horse, mule, cow, bull, sheep, goat or hog to run at large in the city. Any horse, mule, cow, bull, sheep, goat or hog found at large shall be impounded until redeemed by its owner. If not redeemed within five (5) days, during which time the animal warden or pound personnel shall make reasonable efforts to identify and notify the owner, the animal may be sold by the animal warden, and the proceeds, after deducting the amount of the costs of impoundment, shall be held by the city treasurer for the benefit of the owner for sixty (60) days, after which they shall revert to the general fund if unclaimed. If sale is impracticable or no purchaser is found, an animal may instead be placed for adoption or humanely destroyed. Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes.

(11-20-06(2); 9-7-10(1))

It shall be unlawful for any person to permit any chickens, ducks, geese, pigeons or other fowl belonging to him to go at large in the city; except, that homing pigeons may be released for return to their cote without violating this section.

(11-20-06(2))

(a)

No hogs, goats (other than miniature goats) or sheep shall be kept in the city except for immediate shipment or slaughter.

(b)

Miniature goats may be kept within any residential zoning district in the city, subject to the following:

(1)

Males must be neutered;

(2)

Goats must be dehorned;

(3)

No more than three (3) miniature goats may be kept at the same time on the same property, except that nursing off-spring may be kept on the property until the age of twelve (12) weeks, and shall not be included in the number of goats allowed.

(11-20-06(2); 9-7-10(1))

It shall be unlawful for any person to park any vehicle containing livestock on any street within any residential zoning district within the city, as designated by Chapter 34 of this Code, for more than one-half (½) hour. A vehicle shall be considered parked for one-half (½) hour if it is not moved at least one (1) block within that period.

(11-20-06(2))

(a)

All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in section 4-2, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property.

(b)

In addition to any penalty imposed herein, any owner who violates a provision of this chapter shall be liable for any loss or damage resulting from the violation, including but not limited to reasonable and necessary medical and hospitalization expenses, loss of wages, veterinary bills, the fair market value or replacement cost of any animal killed or euthanized as a result of the violation, and any additional consequential damages.

(c)

An animal control officer or other law enforcement officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven (7) days, the animal control officer or other officer shall deliver the dog or cat to its owner.

(d)

The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay the actual costs for the keeping of such animal while in the possession of the animal control officer.

(11-20-06(2))

Note— Similar provisions, Virginia Code § 3.1-796.127.

(a)

It is unlawful for any traveling or performing animal exhibition or circus to operate within the City of Charlottesville without a valid permit issued by the city animal control officer. A permit fee of fifty dollars ($50.00) shall be paid at the time the application for permit is made. The permit shall not be transferable and shall be posted in a conspicuous place on the premises occupied by the exhibition or circus for the duration of the event.

(b)

The owner or operator of any traveling or performing animal exhibition or circus shall make written application for a permit on forms provided by the City of Charlottesville no later than ten (10) days prior to the first performance, display or event. The application shall include the name, address and telephone number of the owner or operator, the city location of the exhibition or circus, the arrival and departure dates, a copy of the current United States Department of Agriculture ("USDA") license and inspection report made within the past twelve (12) months, the name and address of the staff veterinarian or local on-call veterinarian, an animal inventory and current animal health certificates.

(c)

Prior to the approval of the permit the city animal control officer shall inspect the animals and the proposed premises of the exhibition or circus to determine whether all animals have been given adequate feed, adequate water, adequate shelter, adequate space for the particular type of animal, adequate veterinary care when needed, and humane care and treatment. The animal control officer may request that a USDA accredited veterinarian, licensed by the Commonwealth of Virginia, accompany him during the inspection. Any costs associated with inspection by a veterinarian shall be paid by the exhibition or circus.

(d)

The animal control officer shall issue a permit to the exhibition or circus if the inspection reveals compliance with the requirements of this section. The permit may be denied for failure to comply with any requirement of this section.

(e)

It shall be unlawful for any person to induce or encourage an animal to perform, as part of a any traveling or performing animal exhibition or circus, through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal.

(11-20-06(2))

If any person engages in the fighting of cocks, dogs or other animals, for money, prize or anything of value, or upon the result of which any money or other thing of value is bet or wagered, or to which an admission fee is charged, directly or indirectly, such person shall be guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

Any person who:

(1)

Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates or kills any animal, whether belonging to himself or another;

(2)

Deprives any animal of necessary food, drink, shelter, or emergency veterinary treatment;

(3)

Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes;

(4)

Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;

(5)

Carries or cause to be carried, in or upon any vehicle or vessel or otherwise, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or

(6)

Causes any of the above things, or being the owner of such animal, permits such acts to be done by another;

shall be guilty of a Class 1 misdemeanor.

(b)

Nothing in this section shall be construed to prohibit the dehorning of cattle or miniature goats.

(c)

Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any animal that is a companion animal whether belonging to him or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), or being the owner of such animal, permits such acts to be done by another; and has been within five (5) years convicted of a violation of this section, shall be guilty of a Class 6 felony if the current violation or any previous violation of this section resulted in the death of an animal or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a).

(d)

For purposes of this section the word " animal " shall be construed to include birds and fowl.

(e)

Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to protect his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not override sections 4-44 through 4-48 of this chapter.

(f)

It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony.

(g)

In addition to the penalties provided in subsection (a), the court may, in its discretion, require any person convicted of a violation of subsection (a) to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.

(11-20-06(2); 9-7-10(1))

(a)

The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.

(b)

It shall be unlawful for any person to trap, hunt or shoot any bird or wild fowl, or attempt to do the same, or to tamper with or rob nests of any bird or wild fowl. It shall likewise be unlawful for any person to kill any sparrow, martin, wren or other bird.

(c)

This section shall not apply to pigeons or starlings.

(11-20-06(2))

No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.

(11-20-06(2))

The use by any person of an animal trap designed to catch an animal by closing on a limb, whether made of steel or other material, is prohibited within the city. Any person setting such a trap anywhere in the city, whether or not any animal was caught in the trap, shall be guilty of a violation of this section.

(11-20-06(2))

(a)

It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, or death. After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the animal control officer or other law enforcement officer may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not immediately removed.

(b)

The animal control officer or law enforcement officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal's impoundment and where and when the animal may be reclaimed. The owner or person reclaiming the animal shall be responsible for any costs associated with the removal, impoundment and treatment of the animal.

(11-20-06(2))

(a)

Any animal found abandoned, cruelly treated, or rendered in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized pursuant to § 3.1-796.115 of the Code of Virginia by the animal control officer or any law enforcement officer. Upon seizing or impounding an animal, the animal control officer or law enforcement officer shall petition the City General District Court for a hearing. The hearing shall be not more than ten (10) business days from the date of the seizure of the animal, and shall determine whether the animal has been abandoned, has been cruelly treated or has not been provided adequate care.

(b)

Upon the seizure of an animal pursuant to this section the animal control officer or law enforcement officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing in the manner prescribed by Virginia Code § 3.1-796.115.

(c)

If the court determines that the animal has been neither abandoned, cruelly treated nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care, the disposition of the animal shall be as provided in Virginia Code § 3.1-796.115.

(11-20-06(2))

(a)

When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of such cremation or burial, not to exceed seventy-five dollars ($75.00), and of the owner of every such fowl so cremated or buried the actual cost of such cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

(b)

This section shall not be deemed to require the burial or cremation of the whole or any portion of any animal or fowl which is to be used for food or in any commercial manner.

(11-20-06(2))

(a)

The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of such companion animal. If, after notice, any owner fails to do so, the animal warden or other officer shall bury or cremate the animal, and he may recover from the owner, on behalf of the city, his cost for this service.

(b)

The animal warden, other officer or any other person killing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.

(11-20-06(2))

It shall be unlawful and a Class 4 misdemeanor for any person to own or keep within the city any dog four (4) months old or older for which a current license has not been secured as provided by the laws of the state.

(11-20-06(2))

(a)

The dog license tax, payable at the office of the city treasurer, shall be as follows:

(1)

For any individual dog, a lifetime license tax of ten dollars ($10.00).

(2)

Reserved.

(3)

For a kennel of twenty (20) dogs, twenty dollars ($20.00) annually.

(4)

For a kennel of fifty (50) dogs, thirty-five dollars ($35.00) annually.

(b)

The lifetime license shall be valid only as long as the animal's owner resides in the city and the dog's rabies vaccination is kept current. A fee of one dollar ($1.00) will be charged for replacement of a dog license that is lost or stolen. The license for a kennel shall run from January 1 to December 31, inclusive.

(c)

No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, " hearing dog " means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.

(11-20-06(2); 11-20-17)

State Law reference— Similar provisions Code of Virginia, §§ 3.2-6527—3.2-6536.

(a)

It shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the city, even though the dog is both lawfully licensed and vaccinated. Any person violating this section shall be guilty of a Class 4 misdemeanor; provided that, upon a fourth conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling, shall cause annoyance and disturb the peace and quiet of any person or neighborhood is hereby declared to be a nuisance and unlawful.

(b)

Any person annoyed by loud, frequent or habitual barking or howling by a dog may enter a complaint by warrant returnable to the general district court, where the complaint shall be heard as all other complaints under criminal warrants are heard. Upon a finding by the judge that the dog involved is a loud, frequent or habitual barker or howler and causes annoyance and disturbs the peace and quiet of the complainant or neighborhood, the owner or custodian shall be deemed guilty of a Class 4 misdemeanor. Upon a third conviction within one (1) year of any offense under this section involving the same dog, in addition to imposing a fine for the violation, the judge shall order the owner or custodian of the dog to remove it permanently from the city within two (2) weeks. Should the owner or custodian fail to comply with such order, the dog shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.

(11-20-06(2))

(a)

Notwithstanding other provisions of this chapter, dogs shall be kept on a leash and under control:

(1)

In all city parks (except for designated off-leash areas);

(2)

On the city's Greenway Trail System;

(3)

On the Meadow Creek Golf Course;

(4)

On the Downtown Pedestrian Mall between the Ninth Street bridge and Ridge-McIntire Road, and on all side streets between Water Street and Market Street which adjoin the Downtown Mall;

(5)

On all public school property; and

(6)

In all city-owned cemeteries.

Provided, however, that dogs in a sanctioned obedience or training show, trial, class, or similar event held in a city park shall not be required to be on a leash, while they are actually participating in such an event, nor shall dogs, whether sterilized or not, be required to be on a leash on specific days and in specific areas in the Greenbelt Trail Section of Riverview Park or in specifically designated off-leash areas in other city parks, as may be designated by the department of parks and recreation.

(b)

Any person who violates this section by failing to have his or her dog on a leash in the areas so designated herein shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

It shall be unlawful for any person owning, keeping, or having in his care or custody any dog, to fail, refuse, or neglect to remove any feces of such dog immediately and to dispose of it in a sanitary manner whenever such dog has defecated upon the following described property located within the city:

(1)

All city parks;

(2)

The Meadow Creek Golf Course;

(3)

The Rivanna Greenbelt Trail;

(4)

The Downtown Pedestrian Mall from Ridge-McIntire to the Ninth Street bridge, including the East End Amphitheater;

(5)

All public school property;

(6)

The property on which the Albemarle County Court Houses and the Albemarle County Office Building are located; and

(7)

Any other publicly maintained rights-of-way and paved sidewalks, streets, and bicycle paths.

This section shall not apply to a person with a disability being accompanied by a guide dog; and provided further, that this section shall not be construed to require or countenance any act of trespass upon public or private property.

(b)

Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

(11-20-06(2))

(a)

It shall be unlawful for any owner to tie, chain or tether a dog to any fixed or stationary object, or any other object designed to confine and limit the movement of the dog, for a period in excess of ten (10) cumulative hours during any twenty-four-hour period.

(b)

Any person who violates this section shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section, whether or not involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2); Ord. of 3-5-07)

(a)

As used in this section, " dangerous dogs " means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

(b)

" Vicious dog " means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court or an animal control officer that it is a dangerous dog, provided its owner has been given notice of that finding.

(c)

No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog.

(11-20-06(2))

(a)

If an animal control officer receives a complaint or has reason to believe that a canine or canine crossbreed is a dangerous dog, he shall undertake an investigation to determine whether the dog is dangerous. The animal protection officer shall confine the animal until a determination is made and any appeals have been exhausted. If the animal protection officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as the investigation is complete and a decision is made and any appeals have been exhausted. The investigation shall include, but not be limited to, a review of the following: (i) the incident forming the basis of the complaint; (ii) any other violent acts by the animal; (iii) interviews with the complainant and anyone else, including the owner or custodian of the animal, having knowledge of the animal; and (iv) observations of the animal. Upon completion of the investigation, the animal protection officer shall make a written determination as to whether the animal is dangerous. If the animal protection officer determines that the animal is dangerous, the animal's owner shall comply with this ordinance. If the animal's owner disagrees with the animal protection officer's determination that the animal is dangerous, he may file an appeal to the general district court for a trial on the merits. The court, through its contempt powers, may compel the owner to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this ordinance.

(b)

Any animal control officer who has reason to believe that a canine or canine crossbreed is a vicious dog shall apply to a city magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Virginia Code § 3.1-796.119.

(11-20-06(2))

(a)

The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph (a) shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(b)

All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; and (iv) appropriate liability insurance has been obtained as required in section 4-46(d). In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.

(11-20-06(2))

(a)

While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(b)

If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this article.

(c)

After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control officer if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.

(d)

The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or law enforcement officer.

(11-20-06(2))

The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the city in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Virginia Code § 3.1-796.104.1.

(11-20-06(2))

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

(11-20-06(2))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section Virginia Code § 3.1-796.68 for a period of five (5) consecutive days.

Agricultural animals means all livestock and poultry.

Animal means any nonhuman vertebrate species except fish. For the purposes of section 4-15, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

Animal control officer means any person appointed as an animal control officer or deputy animal control officer as provided in Virginia Code § 3.1-796.66.

Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.

Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

Cat means every cat, regardless of sex or age.

Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life.

Dump means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.

Dog means every dog, regardless of sex or age.

Enclosure means a structure used to house or restrict animals from running at large.

Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.

Law enforcement officer means any person who is a full-time or part-time employee of the city police department of city sheriff's department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the city and commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing department.

Leash means a physical restraint made of leather, chain, rope, or other reasonably strong material, which is securely attached to a dog's collar or harness and which is intended to be held by an owner of a dog or attached to an immovable object.

Miniature goat means a goat weighing less than one hundred (100) pounds, commonly known as pygmy, dwarf or miniature goats.

Owner means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

Pound means a facility operated by the city, or under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals under a contract with the city.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

Sore shall have the same meaning as set forth in Virginia Code § 3.1-796.66.

Sterilized means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.

To run at large or running at large means to roam, loiter, walk, run or be on or off the premises of the owner without being fenced, caged, physically carried, kept in an enclosure, or held by leash by a person thoroughly capable both physically and mentally of controlling the animal. A dog shall not be considered to be running at large if it is both (i) sterilized, as defined in this Chapter; and (ii) within the immediate voice control of its owner; provided, however, that the immediate voice control option shall not be applicable in those areas where a leash is mandatory pursuant to section 4-40.

Treatment or adequate treatment means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.

(11-20-06(2); 9-7-10(1))

The Charlottesville-Albemarle S.P.C.A. Shelter, pursuant to a contract between the SPCA and the City of Charlottesville, serves as the city pound for the purposes of this chapter. Any dog or cat which has been confined in the city pound pursuant to the provisions of this chapter shall be kept for a period of not less than five (5) days unless sooner claimed by the owner; provided, that no provision herein shall be construed to prohibit the destruction of critically injured or ill dogs or cats for humane purposes. The owners and operators of the pound shall comply with the provisions of Virginia Code § 3.1-796.96 and all applicable regulations promulgated by the Virginia Board of Agriculture and Consumer Services.

(11-20-06(2))

(a)

Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the city is hereby created, and vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of Virginia, all ordinances enacted pursuant to that chapter, and all laws for the protection of domestic animals. The animal control officer and his deputies, if any, shall be appointed as prescribed in such section of the state law.

(b)

The animal control officer shall maintain complete and accurate records of all actions taken in the enforcement of this chapter and the provisions of state law, including but not limited to records of all dogs found to be aggressive, dangerous or vicious and all official complaints and investigations regarding possible violations of law.

(11-20-06(2))

(a)

No owner of an animal which is known or reasonably suspected of being dangerous shall suffer or permit such animal to run at large in the city or be kept in the city at any time except in strict confinement in such manner as to be safe for the public at large or any person who may have occasion to go on the premises on which such animal is kept.

(b)

If the owner of any animal known or reasonably suspected of being dangerous fails to take it into custody after being notified to do so by the animal warden, such animal may be killed by the animal warden if it is deemed necessary for the safety of the public. Upon complaint or warrant alleging that a dangerous animal is being allowed to run at large in the city, or is not being confined in the manner provided by this section, the owner of the animal shall be brought before the judge of the general district court and, after inquiry into the facts, the judge shall order the animal killed by the animal warden or make such further disposition of the case as shall ensure the future safety of the public from danger from such animal. If the owner of the animal cannot be ascertained, the animal shall be taken into custody by the animal warden and, upon its being determined that subsection (a) of this section is being violated with respect to such animal, it shall be disposed of as hereinbefore provided, just as if the owner were present.

(11-20-06(2))

(a)

No owner of an animal shall suffer or permit it to go upon the land of any other person and damage or destroy any garden, shrub, grass or other property thereon.

(b)

Any person owning property which is damaged or destroyed by any violation described in this section may enter a complaint by a warrant issued against the owner of the animal involved, and the complaint shall be heard by the judge of the general district court as all other complaints under criminal warrants are heard.

(c)

A violation of this section shall constitute a Class 4 misdemeanor. Upon a second conviction within one (1) year of a violation of this section involving the same animal, in addition to imposing a fine for the violation, the judge shall order the owner of the animal to take it into custody and to confine it in such a way that it will not be permitted to run at large at any time. Upon the failure of the owner to comply with such order, the animal shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.

(11-20-06(2))

No person shall permit a horse, mule, cow, bull, sheep, goat or hog to run at large in the city. Any horse, mule, cow, bull, sheep, goat or hog found at large shall be impounded until redeemed by its owner. If not redeemed within five (5) days, during which time the animal warden or pound personnel shall make reasonable efforts to identify and notify the owner, the animal may be sold by the animal warden, and the proceeds, after deducting the amount of the costs of impoundment, shall be held by the city treasurer for the benefit of the owner for sixty (60) days, after which they shall revert to the general fund if unclaimed. If sale is impracticable or no purchaser is found, an animal may instead be placed for adoption or humanely destroyed. Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes.

(11-20-06(2); 9-7-10(1))

It shall be unlawful for any person to permit any chickens, ducks, geese, pigeons or other fowl belonging to him to go at large in the city; except, that homing pigeons may be released for return to their cote without violating this section.

(11-20-06(2))

(a)

No hogs, goats (other than miniature goats) or sheep shall be kept in the city except for immediate shipment or slaughter.

(b)

Miniature goats may be kept within any residential zoning district in the city, subject to the following:

(1)

Males must be neutered;

(2)

Goats must be dehorned;

(3)

No more than three (3) miniature goats may be kept at the same time on the same property, except that nursing off-spring may be kept on the property until the age of twelve (12) weeks, and shall not be included in the number of goats allowed.

(11-20-06(2); 9-7-10(1))

It shall be unlawful for any person to park any vehicle containing livestock on any street within any residential zoning district within the city, as designated by Chapter 34 of this Code, for more than one-half (½) hour. A vehicle shall be considered parked for one-half (½) hour if it is not moved at least one (1) block within that period.

(11-20-06(2))

(a)

All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in section 4-2, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property.

(b)

In addition to any penalty imposed herein, any owner who violates a provision of this chapter shall be liable for any loss or damage resulting from the violation, including but not limited to reasonable and necessary medical and hospitalization expenses, loss of wages, veterinary bills, the fair market value or replacement cost of any animal killed or euthanized as a result of the violation, and any additional consequential damages.

(c)

An animal control officer or other law enforcement officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven (7) days, the animal control officer or other officer shall deliver the dog or cat to its owner.

(d)

The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay the actual costs for the keeping of such animal while in the possession of the animal control officer.

(11-20-06(2))

Note— Similar provisions, Virginia Code § 3.1-796.127.

(a)

It is unlawful for any traveling or performing animal exhibition or circus to operate within the City of Charlottesville without a valid permit issued by the city animal control officer. A permit fee of fifty dollars ($50.00) shall be paid at the time the application for permit is made. The permit shall not be transferable and shall be posted in a conspicuous place on the premises occupied by the exhibition or circus for the duration of the event.

(b)

The owner or operator of any traveling or performing animal exhibition or circus shall make written application for a permit on forms provided by the City of Charlottesville no later than ten (10) days prior to the first performance, display or event. The application shall include the name, address and telephone number of the owner or operator, the city location of the exhibition or circus, the arrival and departure dates, a copy of the current United States Department of Agriculture ("USDA") license and inspection report made within the past twelve (12) months, the name and address of the staff veterinarian or local on-call veterinarian, an animal inventory and current animal health certificates.

(c)

Prior to the approval of the permit the city animal control officer shall inspect the animals and the proposed premises of the exhibition or circus to determine whether all animals have been given adequate feed, adequate water, adequate shelter, adequate space for the particular type of animal, adequate veterinary care when needed, and humane care and treatment. The animal control officer may request that a USDA accredited veterinarian, licensed by the Commonwealth of Virginia, accompany him during the inspection. Any costs associated with inspection by a veterinarian shall be paid by the exhibition or circus.

(d)

The animal control officer shall issue a permit to the exhibition or circus if the inspection reveals compliance with the requirements of this section. The permit may be denied for failure to comply with any requirement of this section.

(e)

It shall be unlawful for any person to induce or encourage an animal to perform, as part of a any traveling or performing animal exhibition or circus, through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering to the animal.

(11-20-06(2))

If any person engages in the fighting of cocks, dogs or other animals, for money, prize or anything of value, or upon the result of which any money or other thing of value is bet or wagered, or to which an admission fee is charged, directly or indirectly, such person shall be guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

Any person who:

(1)

Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates or kills any animal, whether belonging to himself or another;

(2)

Deprives any animal of necessary food, drink, shelter, or emergency veterinary treatment;

(3)

Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes;

(4)

Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;

(5)

Carries or cause to be carried, in or upon any vehicle or vessel or otherwise, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or

(6)

Causes any of the above things, or being the owner of such animal, permits such acts to be done by another;

shall be guilty of a Class 1 misdemeanor.

(b)

Nothing in this section shall be construed to prohibit the dehorning of cattle or miniature goats.

(c)

Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any animal that is a companion animal whether belonging to him or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), or being the owner of such animal, permits such acts to be done by another; and has been within five (5) years convicted of a violation of this section, shall be guilty of a Class 6 felony if the current violation or any previous violation of this section resulted in the death of an animal or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a).

(d)

For purposes of this section the word " animal " shall be construed to include birds and fowl.

(e)

Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to protect his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not override sections 4-44 through 4-48 of this chapter.

(f)

It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony.

(g)

In addition to the penalties provided in subsection (a), the court may, in its discretion, require any person convicted of a violation of subsection (a) to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.

(11-20-06(2); 9-7-10(1))

(a)

The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.

(b)

It shall be unlawful for any person to trap, hunt or shoot any bird or wild fowl, or attempt to do the same, or to tamper with or rob nests of any bird or wild fowl. It shall likewise be unlawful for any person to kill any sparrow, martin, wren or other bird.

(c)

This section shall not apply to pigeons or starlings.

(11-20-06(2))

No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.

(11-20-06(2))

The use by any person of an animal trap designed to catch an animal by closing on a limb, whether made of steel or other material, is prohibited within the city. Any person setting such a trap anywhere in the city, whether or not any animal was caught in the trap, shall be guilty of a violation of this section.

(11-20-06(2))

(a)

It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, or death. After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the animal control officer or other law enforcement officer may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not immediately removed.

(b)

The animal control officer or law enforcement officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal's impoundment and where and when the animal may be reclaimed. The owner or person reclaiming the animal shall be responsible for any costs associated with the removal, impoundment and treatment of the animal.

(11-20-06(2))

(a)

Any animal found abandoned, cruelly treated, or rendered in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized pursuant to § 3.1-796.115 of the Code of Virginia by the animal control officer or any law enforcement officer. Upon seizing or impounding an animal, the animal control officer or law enforcement officer shall petition the City General District Court for a hearing. The hearing shall be not more than ten (10) business days from the date of the seizure of the animal, and shall determine whether the animal has been abandoned, has been cruelly treated or has not been provided adequate care.

(b)

Upon the seizure of an animal pursuant to this section the animal control officer or law enforcement officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing in the manner prescribed by Virginia Code § 3.1-796.115.

(c)

If the court determines that the animal has been neither abandoned, cruelly treated nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated or deprived of adequate care, the disposition of the animal shall be as provided in Virginia Code § 3.1-796.115.

(11-20-06(2))

(a)

When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of such cremation or burial, not to exceed seventy-five dollars ($75.00), and of the owner of every such fowl so cremated or buried the actual cost of such cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

(b)

This section shall not be deemed to require the burial or cremation of the whole or any portion of any animal or fowl which is to be used for food or in any commercial manner.

(11-20-06(2))

(a)

The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of such companion animal. If, after notice, any owner fails to do so, the animal warden or other officer shall bury or cremate the animal, and he may recover from the owner, on behalf of the city, his cost for this service.

(b)

The animal warden, other officer or any other person killing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.

(11-20-06(2))

It shall be unlawful and a Class 4 misdemeanor for any person to own or keep within the city any dog four (4) months old or older for which a current license has not been secured as provided by the laws of the state.

(11-20-06(2))

(a)

The dog license tax, payable at the office of the city treasurer, shall be as follows:

(1)

For any individual dog, a lifetime license tax of ten dollars ($10.00).

(2)

Reserved.

(3)

For a kennel of twenty (20) dogs, twenty dollars ($20.00) annually.

(4)

For a kennel of fifty (50) dogs, thirty-five dollars ($35.00) annually.

(b)

The lifetime license shall be valid only as long as the animal's owner resides in the city and the dog's rabies vaccination is kept current. A fee of one dollar ($1.00) will be charged for replacement of a dog license that is lost or stolen. The license for a kennel shall run from January 1 to December 31, inclusive.

(c)

No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, " hearing dog " means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.

(11-20-06(2); 11-20-17)

State Law reference— Similar provisions Code of Virginia, §§ 3.2-6527—3.2-6536.

(a)

It shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the city, even though the dog is both lawfully licensed and vaccinated. Any person violating this section shall be guilty of a Class 4 misdemeanor; provided that, upon a fourth conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling, shall cause annoyance and disturb the peace and quiet of any person or neighborhood is hereby declared to be a nuisance and unlawful.

(b)

Any person annoyed by loud, frequent or habitual barking or howling by a dog may enter a complaint by warrant returnable to the general district court, where the complaint shall be heard as all other complaints under criminal warrants are heard. Upon a finding by the judge that the dog involved is a loud, frequent or habitual barker or howler and causes annoyance and disturbs the peace and quiet of the complainant or neighborhood, the owner or custodian shall be deemed guilty of a Class 4 misdemeanor. Upon a third conviction within one (1) year of any offense under this section involving the same dog, in addition to imposing a fine for the violation, the judge shall order the owner or custodian of the dog to remove it permanently from the city within two (2) weeks. Should the owner or custodian fail to comply with such order, the dog shall be seized by the animal warden and humanely destroyed or placed for adoption outside of the city.

(11-20-06(2))

(a)

Notwithstanding other provisions of this chapter, dogs shall be kept on a leash and under control:

(1)

In all city parks (except for designated off-leash areas);

(2)

On the city's Greenway Trail System;

(3)

On the Meadow Creek Golf Course;

(4)

On the Downtown Pedestrian Mall between the Ninth Street bridge and Ridge-McIntire Road, and on all side streets between Water Street and Market Street which adjoin the Downtown Mall;

(5)

On all public school property; and

(6)

In all city-owned cemeteries.

Provided, however, that dogs in a sanctioned obedience or training show, trial, class, or similar event held in a city park shall not be required to be on a leash, while they are actually participating in such an event, nor shall dogs, whether sterilized or not, be required to be on a leash on specific days and in specific areas in the Greenbelt Trail Section of Riverview Park or in specifically designated off-leash areas in other city parks, as may be designated by the department of parks and recreation.

(b)

Any person who violates this section by failing to have his or her dog on a leash in the areas so designated herein shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2))

(a)

It shall be unlawful for any person owning, keeping, or having in his care or custody any dog, to fail, refuse, or neglect to remove any feces of such dog immediately and to dispose of it in a sanitary manner whenever such dog has defecated upon the following described property located within the city:

(1)

All city parks;

(2)

The Meadow Creek Golf Course;

(3)

The Rivanna Greenbelt Trail;

(4)

The Downtown Pedestrian Mall from Ridge-McIntire to the Ninth Street bridge, including the East End Amphitheater;

(5)

All public school property;

(6)

The property on which the Albemarle County Court Houses and the Albemarle County Office Building are located; and

(7)

Any other publicly maintained rights-of-way and paved sidewalks, streets, and bicycle paths.

This section shall not apply to a person with a disability being accompanied by a guide dog; and provided further, that this section shall not be construed to require or countenance any act of trespass upon public or private property.

(b)

Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

(11-20-06(2))

(a)

It shall be unlawful for any owner to tie, chain or tether a dog to any fixed or stationary object, or any other object designed to confine and limit the movement of the dog, for a period in excess of ten (10) cumulative hours during any twenty-four-hour period.

(b)

Any person who violates this section shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section, whether or not involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor.

(11-20-06(2); Ord. of 3-5-07)

(a)

As used in this section, " dangerous dogs " means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

(b)

" Vicious dog " means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court or an animal control officer that it is a dangerous dog, provided its owner has been given notice of that finding.

(c)

No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog.

(11-20-06(2))

(a)

If an animal control officer receives a complaint or has reason to believe that a canine or canine crossbreed is a dangerous dog, he shall undertake an investigation to determine whether the dog is dangerous. The animal protection officer shall confine the animal until a determination is made and any appeals have been exhausted. If the animal protection officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as the investigation is complete and a decision is made and any appeals have been exhausted. The investigation shall include, but not be limited to, a review of the following: (i) the incident forming the basis of the complaint; (ii) any other violent acts by the animal; (iii) interviews with the complainant and anyone else, including the owner or custodian of the animal, having knowledge of the animal; and (iv) observations of the animal. Upon completion of the investigation, the animal protection officer shall make a written determination as to whether the animal is dangerous. If the animal protection officer determines that the animal is dangerous, the animal's owner shall comply with this ordinance. If the animal's owner disagrees with the animal protection officer's determination that the animal is dangerous, he may file an appeal to the general district court for a trial on the merits. The court, through its contempt powers, may compel the owner to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this ordinance.

(b)

Any animal control officer who has reason to believe that a canine or canine crossbreed is a vicious dog shall apply to a city magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Virginia Code § 3.1-796.119.

(11-20-06(2))

(a)

The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph (a) shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(b)

All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; and (iv) appropriate liability insurance has been obtained as required in section 4-46(d). In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.

(11-20-06(2))

(a)

While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(b)

If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this article.

(c)

After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control officer if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.

(d)

The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or law enforcement officer.

(11-20-06(2))

The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the city in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Virginia Code § 3.1-796.104.1.

(11-20-06(2))

Except as otherwise specifically provided, a violation of any provision of this chapter, including any provision of the codes adopted in Article II, shall constitute a Class 1 misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). In addition, a person guilty of such violation shall make good all damages arising by reason of the violation and shall be subject to revocation of his license to do business in the city. For the purposes of this chapter, the word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

(Code 1976, § 5-15; 12-21-92; 7-16-01(1), § 1)

State Law reference— Penalty for building code violations, Code of Virginia, § 36-106.

Editor's note— An ordinance adopted Nov. 1, 2004, § 1, repealed § 5-2, which pertained to registration of contractors. See also the Code Comparative Table.

(a)

Any landlord who rents five (5) or more dwelling units, as defined in the Virginia Residential Landlord and Tenant Act, section 55-248.4 ), in any one (1) building shall install the following devices upon the written request of the tenant:

(1)

Peepholes, and dead-bolt locks which meet the requirements of the USBC for new multi-family construction, within any exterior swinging entrance door to such tenant's unit; however, the landlord shall not be required to install a peephole in any door having a glass panel;

(2)

Manufacturer's locks which meet the requirements of the USBC, and removable metal pins or Charlie bars which meet requirements of the USBC, on exterior sliding glass doors located on the first two (2) levels of a building; and

(3)

Locking devices which meet the requirements of the USBC, on all exterior windows.

(b)

Any landlord subject to this section shall have a reasonable time in which to comply with its requirements. For the purposes of this section, ten (10) days following receipt of written notice of a tenant or the city's building maintenance official shall be deemed a reasonable time.

(Code 1976, § 5-3.2; 11-1-04, § 1)

State Law reference— Authority for above section, Code of Virginia, § 55-248.13:1.

(a)

Except as otherwise provided herein, wherever this chapter authorizes the city to take action to remedy, abate, repair, remove or take other action to correct a condition which exists on property located within the city, in violation of a provision of this chapter, the costs and expenses incurred by the city in taking such action shall be assessed and billed to, and paid by, the owner of the property. The city may take such action through any employees or agents, subject to applicable public procurement laws.

(b)

Except as provided in section 5-163(g) of this chapter, amounts in excess of two hundred dollars ($200.00) which have been assessed and billed to a property owner and which remain unpaid for thirty (30) days shall constitute a lien against such property ranking on a priority with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3895 et seq.) of Chapter 39, Title 58.1 of the Code of Virginia (1950), as amended. The city may waive such liens in order to facilitate a sale of such property; however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(c)

The remedies set forth within this chapter shall be cumulative and shall be in addition to any other remedies that may be authorized by law.

(7-16-01(1), § 2; 11-15-04(1), § 1)

(a)

There is hereby incorporated by reference into this Code the Uniform Statewide Building Code ("USBC") adopted and promulgated on April 15, 1997 by the Virginia Board of Housing and Community Development pursuant to the provisions of § 36-98 of the Code of Virginia (1950), and amendments thereof and regulations promulgated pursuant thereto, as adopted and promulgated by such board from time to time (including, without limitation, the USBC amendment adopted by the board effective October 1, 2003, and any documents or codes adopted and incorporated into the USBC by reference therein).

(b)

Enforcement of Part II of the USBC shall be the responsibility of the city's building department and code official. Enforcement of Part III of the USBC shall be the responsibility of the city's local enforcing agency and building maintenance official. For the purposes of this chapter the term "building department" and "local enforcing agency" shall mean the city's department of neighborhood development services, which is hereby charged with the administration, supervision and enforcement of the USBC and with approval of plans, inspection of buildings and issuance of permits, licenses, certificates or similar documents.

(c)

The code adopted by this chapter is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.

(d)

The provisions of the code adopted by this chapter shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.

(e)

Except as otherwise provided, any owner or other person who shall violate any provision of the USBC or who shall violate any lawful provision of any rule, regulation or order adopted or made by the building code official pursuant to the provisions of this Article II shall be guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day a violation continues after conviction shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to obey or remedy the violation in order to comply with the provisions of this Article II. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which a violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense, after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense shall be suspended.

(f)

Any owner or other person who shall retaliate against a tenant by increasing rent or decreasing services, or by terminating a rental agreement, because the tenant reported a violation of the provisions of this chapter to the code official, or because the tenant cooperated with the building code official in an investigation, shall be guilty of a violation of this chapter and shall be punished as provided in section 5-1 of this chapter.

(Code 1976, § 5-1; 7-16-01(1), § 1; 3-1-04(1))

State Law reference— Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.

In addition to those provisions of the USBC which the city's building department is required by law to enforce, the city does hereby elect to enforce those optional provisions of the USBC pertaining to the maintenance of existing structures and the equipment therein.

(Code 1976, § 5-1.1; 7-16-01(1), § 1)

(a)

The city's building department and local enforcing agency shall appoint two (2) officials in charge of enforcement. One (1) shall be referred to as the city's "code official," or "building code official" and the other shall be referred to as the building maintenance official. The code official and building maintenance official shall each be appointed by the city's director of neighborhood development services, with the approval of the city manager. The authority of the city's building department, code official and building maintenance official shall include inspection not only for enforcement of the USBC but also to include inspections to determine the safety of existing structures or equipment and to determine whether grounds exist for the abatement or removal of any building, structure or equipment which may be dangerous to human life, health or safety, or the public welfare.

(1)

The city's code official and building maintenance official shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.

(2)

The city's code official and building maintenance official shall appoint technical assistants and other employees for the administration and enforcement of the USBC. Such assistants and employees shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.

(b)

The code official, building maintenance official, or their duly authorized representative may enter any building structure or other premises in the city to perform any duty imposed upon him by this chapter.

(c)

Upon notice from the code official that work on any building or structure is being done contrary to the provisions of the USBC, or in a manner that is otherwise dangerous or unsafe, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the building official.

(Code 1976, § 5-2; 7-16-01(1), § 1; 3-1-04(1))

There is hereby created a building code board of appeals, pursuant to Volume I of the Virginia Uniform Statewide Building Code. The board of appeals shall consist of five (5) members qualified as provided in such code and the members shall serve for terms of five (5) years each. The jurisdiction of the board of appeals shall be as established by the building code and may be expanded by local ordinance.

(Code 1976, § 5-14)

Cross reference— Limitation on terms of members of boards, § 2-8; building code board of appeals designated as fire prevention code board of appeals, § 12-54; appeals from decisions relating to tax exemption for solar energy facilities to building code board of appeals, § 30-131.

Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed § 5-30, which pertained to Insertion of local requirements in plumbing code. See also the Code Comparative Table.

The design and installation of building, electrical, mechanical, and plumbing systems and any other work subject to USBC regulations, shall comply with the requirements of this chapter and with the USBC and other applicable state laws and regulations.

(Code 1976, § 5-22; 11-1-04, § 2)

All natural gas pipe lines shall be installed to meet the U.S. Department of Transportation minimum safety standards for transportation of natural gas and the requirements of the building code.

(11-1-04, § 3)

Note— See the editor's note at §§ 5-34—5-55.

No utility line shall be located within one (1) foot of a gas line; except, that a sanitary sewer line shall not be located within five (5) feet of a gas line.

(11-1-04, § 3)

Note— See the editor's note at §§ 5-34—5-55.

Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed former §§ 5-32—5-37, which pertained to standards for installation of gas pipe lines; who may work on gas systems; location of utility lines near gas lines; and venting of gas appliances. Section 3 of said ordinance added provisions designated as new §§ 5-32 and 5-33 to read as herein set out. See also the Code Comparative Table.

(a)

Application for any permits required pursuant to the USBC ("building permit") shall be made to the city's building official. The city council will, from time to time, approve a schedule of the fees and charges associated with the costs of such building permits and with building code enforcement and appeals required by this chapter. At the time an application, permit or other approval is submitted to the city, it shall be accompanied by the required fee(s) and charges as designated in the most recent fee schedule adopted by city council. Fees shall be made payable to the city treasurer. No building permit shall be issued until all required fees have been paid.

(b)

The fee for issuance of a permit issued pursuant to this chapter shall have added to it any surcharge levied by the Virginia Department of Housing and Community Development ("DHCD") pursuant to section 36-137 of the Code of Virginia, as set forth within the building code, which surcharge shall be remitted to DHCD on a quarterly basis.

(Code 1976, § 5-4; 4-2-90; 6-4-01(1), § 1; 7-16-01(1), § 1; 4-13-04(1), § 1; 11-1-04, § 4)

Cross reference— Compliance with chapter 10 prerequisite to issuance of building permit, § 10-3.

(a)

In the event the building official finds that an individual is practicing as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider (as those terms are defined within § 54.1-1128 of the Virginia Code) without a license as required by state law, the building official shall file a report to that effect with the state board for contractors.

(b)

If the building official has reason to believe that (i) a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the USBC, or (ii) a certified backflow prevention device worker is performing incompetently, as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the USBC, then the building official shall file a report to such effect with the state board for contractors.

(11-1-04, § 6)

Editor's note— An ordinance adopted Nov. 1, 2004, § 5, repealed §§ 5-57—5-64, which pertained to Special permits; Electrical permits—Generally; Same—Annual; Plumbing permits—Generally; Same—Annual; Mechanical permits—Generally; Same—Annual; and Revocation of permits. Section 6 of said ordinance enacted provisions designated as a new § 5-57 to read as herein set out. See also the Code Comparative Table.

All buildings fronting on the public streets of the city shall be numbered in conformity with the following:

(1)

On streets running parallel with Main Street, the odd numbers shall apply to the north sides and the even numbers to the south sides. On streets running parallel with First Street, the odd numbers shall apply to the west sides and the even numbers to the east sides.

(2)

On streets running parallel with Main Street, the numbering shall commence with Number 100 at First Street, increasing at the rate of one hundred (100) numbers for each block going eastward and westward. On streets running parallel with First Street, the numbering shall commence with Number 100 at Main Street, increasing at the rate of one hundred (100) numbers for each block going northward and southward.

(Code 1976, § 5-31)

The director of public works shall have prepared a master building number map and on such map shall establish all house numbers, allowing one (1) whole number for every house, tenement or other building and, from criteria on the map, maintain numbers for vacant lots in both residential and business districts. The director shall also furnish all owners of buildings with the information necessary for them to place their numbers on their houses, tenements or other buildings and shall give a certificate of the proper number applicable to any building when so requested by the owner thereof.

(Code 1976, § 5-32)

No person owning or occupying a building shall number or attempt to number it otherwise than in conformity with this article, nor shall any person deface, alter or remove a number placed upon a house in accordance with this article; provided, that owners may briefly remove numbers in order to repair, maintain or replace them with copies.

(Code 1976, § 5-33)

(a)

It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(b)

Upon a finding of guilt under this section in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community service, or both, as is more particularly set forth in Virginia Code section 19.2-305.1.

(c)

Community service, to the extent feasible, shall include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include: clean-up, beautification, landscaping or other appropriate community service within the locality. The director of public works, or his or her designee, is hereby charged with the supervision of the performance of any community service work required and with reporting to the court imposing any such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the city's director of public works or his or her designee.

(d)

In the event any willful or malicious damage, defacement, or destruction of any public property is caused by a person under the age of eighteen (18) years ("minor"), then the city may institute an action and recover damages therefor from the parents, or either of them, of any such minor living with such parent(s). No more than two thousand five hundred dollars ($2,500.00) may be recovered from such parent, or either of them, as a result of any incident or occurrence on which such action is based. Any recovery from the parent(s) of such minor shall not preclude full recovery from such minor, except to the amount of the recovery from such parent(s). The provisions of this section shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of a minor child.

(e)

The director of public works or his or her designee is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure, or of any private building, wall, fence or other structure where such damage or defacement is visible from any public right-of-way.

(1)

Prior to such removal the director of neighborhood development services or his or her designee shall seek the written permission of the property owner; if written permission is not practical under the circumstances, verbal authorization shall be sought.

(2)

If the property owner fails to provide requested permission within five (5) days of receipt of a request for permission, or denies any such request, then the director of neighborhood development services or his or her designee shall give the property owner of record and the person in control of the property, a written notice of the city's intention to proceed with removal or repair. Such written notice shall describe the condition(s) to be abated, the location of the property, a statement of the act(s) necessary to remove or repair the defacement, and the date on which the city will commence abatement if such defacement is not remedied, which date shall be no fewer than five (5) business days following the notice.

(3)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by certified mail, return receipt requested, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(7-16-01(1))

(a)

It shall be unlawful for any person to commit any of the following acts:

(1)

Willfully destroy, defile, deface or otherwise injure any building or structure used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, ornament, musical instrument, article of silver or plated ware or other chattel or property kept therein.

(2)

Brand, write, mark or paint any sign, letters or characters of an obscene or disparaging nature on any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior.

(3)

Attempt to commit any acts prohibited by this section.

(b)

The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon the grounds of any building or structure used or designed to be used as a place of religious worship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section.

(c)

A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(7-16-01(1))

(a)

The following definitions shall apply to these words when used in this section:

(1)

Director means the director of neighborhood development services and his designee(s).

(2)

Owner means a person: (i) who is the owner of any parcel of real estate, as indicated by the real estate tax records in the office of the city assessor; (ii) who is the occupant or tenant of any parcel of real estate; (iii) who has charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) who is the beneficiary of any easement or right of use of a parcel of real estate.

(b)

It shall be unlawful for any person to allow to accumulate on any private property or premises any offensive, unwholesome, unsanitary or unhealthy substance(s), including, without limitation: any refuse, garbage, rubbish, paper, trash, manure, offal, ashes, vegetable matter, broken glass, or stagnant water. Any such accumulation is hereby declared to be a public nuisance. A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(c)

The director shall, upon determining that there exists a violation of this section, serve notice on the owner to cause such violation to be remedied, removed or otherwise abated. The owner shall remedy, remove or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by regular, first-class mail, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.

(d)

If the condition is not corrected within ten (10) days after hand-delivery of the notice, or within ten (10) days following mailing, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00), shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(7-16-01(1))

(a)

The following definitions shall apply to these words when used in this section:

(1)

Director means the director of neighborhood development services and his designee(s).

(2)

Owner means: (i) that person who owns any parcel of real estate, as identified in the real estate tax records in the office of the city assessor; (ii) any person who is the occupant or tenant of any parcel of real estate; (iii) any person having charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) the beneficiary of any easement or right of use of a parcel of real estate.

(3)

Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion.

(b)

A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter.

(1)

It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance.

(2)

It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance.

(c)

The director shall, upon determining that there exists a condition or growth of vegetation in violation of this section, serve notice on the owner to cause such condition or growth to be cut, removed or otherwise abated. The owner of any parcel of real estate on which there exists a condition or growth of vegetation in violation of this section shall be required to cut, remove, or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.

(d)

If the condition is not corrected within ten (10) days after the delivery or mailing of the director's notice, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00) shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(7-16-01(1))

(a)

It shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential purposes, see section 34-350 of the City Code, or commercial purposes, see sections 34-440 and 34-541 of the City Code, any inoperable motor vehicle. However, the provisions of this section shall not apply to a licensed business which, on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

(1)

As used in this section "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer (as defined within Virginia Code § 46.2-100) which: (i) is not in operating condition (including, without limitation any motor vehicle, trailer or semitrailer which for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires or wheels, the engine, or other essential parts required for operation); (ii) does not display a valid license plate; (iii) does not display a valid inspection decal; or (iv) displays an inspection decal that has been expired for more than sixty (60) days.

(2)

As used in this section, "otherwise shielded or screened from view" shall mean, on property zoned for residential purposes, not visible to the unaided eye from anywhere below the level of the third story of a building outside the boundaries of the lot on which the vehicle is kept; on property zoned for business purposes, "otherwise shielded or screened from view" shall mean not visible to the unaided eye from street or ground level outside the boundaries of the lot on which the vehicle is kept.

(b)

No person shall keep more than one (1) inoperable motor vehicle outside of a fully enclosed building or structure. The one (1) vehicle allowed outside of a fully enclosed building or structure shall still be subject to the requirement of being shielded or screened from view.

(c)

Whenever a violation of this section is determined by the director, the director shall serve notice on the owner of the property whereon the inoperable motor vehicle is located, requiring the owner to remove or cause the removal of such vehicle.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand-delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice.

(d)

Should the owner of the premises fail to remove or cause the removal of an inoperable motor vehicle as directed within the director's notice, and if the owner also fails within the ten-day period to request an informal administrative hearing with an official designated by the chief of police for the purpose of challenging the validity of the violation determination or the necessity for removing the vehicle, then the city may take action to remove the inoperable motor vehicle(s). The costs and expenses of such removal by the city shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(e)

After removing an inoperable motor vehicle from property, the city may then dispose of the vehicle after giving an additional ten (10) days' written notice to the owner of the vehicle and, if different, also to the owner of the property from which the vehicle was removed. However, if a timely request for an administrative hearing has been made to challenge the validity of the violation determination, then disposal by the city shall not be made unless and until the matter is resolved in favor of the city.

(7-16-01(1); 2-5-07; 8-17-15(1))

(a)

It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two (2) cubic feet of clear space which is airtight, without first removing the doors or hinges from such icebox, refrigerator, container, device or equipment.

(b)

This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

(c)

A violation of this section shall constitute a Class 3 misdemeanor.

(7-16-01(1))

No person shall erect or maintain a fence, wall or other barrier wholly or partially enclosing any lot or premises within the city, where such fence, wall or barrier is made of or includes barbed ends, barbed wire or razor wire, or any similar materials, except that barbed ends of fences, barbed wire or razor wire, and similar materials, may be used on top of any wall or fence wholly or partially enclosing any lot or premises zoned for commercial or industrial use. Where allowed, such materials shall be installed at a height of six (6) feet or more above ground level. The owner of any property on which is located any such materials in violation of this section shall remove such fence within ten (10) days after being sent written notification to do so by the city manager or his designee. Each day that a violation continues after the expiration of such ten-day period shall constitute a separate offense.

(7-16-01(1); 9-15-03(1))

(a)

Any person who has caused to be dug on his own land or the land of another any well or pit shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowls before such well or such pit is abandoned. Any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned, provided such person has knowledge of the existence of such well or pit. In the case of mining operations, in lieu of filling the shaft or pit, the owner or operator thereof, on ceasing operations in such shaft or pit, shall securely fence the same and keep the same at all times thereafter securely fenced.

(b)

Any person violating any provision of this section shall be deemed guilty of a Class 3 misdemeanor.

(7-16-01(1))

(a)

Every person owning or occupying any land on which there is a well having a diameter greater than six (6) inches and which is more than ten (10) feet deep shall at all times keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls. The construction, installation and maintenance of such covers, including the manner in which any concrete used in connection therewith shall be reinforced, shall conform to the provisions of the Virginia Uniform Statewide Building Code.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(7-16-01(1))

(a)

It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be construed as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city.

(b)

Whenever the director, or the official designated by him, has determined by reports, inspections or otherwise, that any condition in violation of this section exists, he shall notify the owner and the occupant to comply with the requirements of this section within such reasonable time as specified in the notice. Such notice shall be in writing and shall be delivered by hand or mailed to the last known address(es) of the owner and the occupant. If, after such notice, the owner and/or occupant fails to abate or obviate the condition(s) in violation of this section, the city may do so and charge and collect the cost thereof from the owner and/or occupant as provided by law for the collection of local taxes.

(c)

The city manager is authorized to promulgate regulations to govern the circumstances under which the owner or occupant of any land or premises may be relieved of the duty imposed by paragraph (a), above, for reasonable cause shown, such as the advanced age, poor health or disability of an owner or occupant, difficult or hazardous topography of a particular street right-of-way area, or other similar circumstances as may be specified within said regulations.

(2-17-04(1), § 1)

(a)

The owner of any building which has been vacant for a continuous period of twelve (12) months or more shall register such building with the city on or before January 1 of each calendar year. Such registration shall be with the department of neighborhood development services on a form prescribed by the director of that department. Every person filing registration forms shall pay an annual registration fee of twenty-five dollars ($25.00) to defray the cost of processing the registration. For the purpose of this section, the term "owner" means the owner of record of the building, or a duly authorized representative or agent of the owner of record.

(b)

Any person who fails to register a vacant building by the January 1 deadline shall be subject to a fifty dollar ($50.00) civil penalty. Any person who fails to register any vacant building that has been designated as blighted pursuant to the provisions of Division 5 of this chapter shall be punished by a civil penalty not exceeding two hundred fifty dollars ($250.00) for each such building that is not registered.

(c)

At least thirty (30) days prior to the assessment of any civil penalty, the director of neighborhood development services or his designee shall mail to the owner, at the address to which property tax notices are sent, notice of the failure to comply with the registration requirements of this section. Upon re-occupancy the owner shall promptly notify the department of neighborhood development services.

(7-16-01(1), § 2)

(a)

On real estate with an assessed value of twenty thousand dollars ($20,000.00) or less located within the city, where:

(1)

Any taxes on such real estate are delinquent on December 31 following the third anniversary of the date on which such taxes have become due, and

a.

The land or structure on it has been declared a nuisance by the local building official due to unresolved code violations, and

b.

The owner of record of the property has failed to abate the nuisance after proper notice has been given by code enforcement officials, and

c.

The locality has taken steps to abate the nuisance condition and has placed a lien on the property for the cost off such abatement, and the lien has remained unpaid; or

(2)

Any taxes on such real estate are delinquent on December 31 following the seventh anniversary of the date on which such taxes have become due;

then the property shall be deemed abandoned and subject to sale by public auction, through institution by the city's treasurer of judicial proceedings in accordance with the provisions of Virginia Code § 58.1-3965.

(b)

With respect to any parcel of real estate located within the city which meets all of the following criteria:

(1)

The parcel has delinquent real estate taxes or the locality has a lien against the parcel for: removal, repair or securing of a building or structure; removal of trash, garbage, refuse, or litter; or the cutting of grass, weeds or other foreign growth;

(2)

Such taxes and liens, together, including penalty and accumulated interest, exceed fifty (50) percent of the assessed value of the parcel; and

(3)

The parcel has an assessed value of twenty thousand dollars ($20,000.00) or less;

the city may petition the circuit court to appoint a special commissioner to execute the necessary deed(s) to convey such parcel of real estate to the city in lieu of a sale at public auction. All such judicial proceedings initiated by the city shall be brought in accordance with the provisions of Virginia Code § 58.1-3970.1.

(7-16-01(1), § 2)

(a)

Definitions. The following words, when used in this section shall have the meanings ascribed to them below:

(1)

"Owner" shall mean and include: the owner of record of the freehold of the premises, or of a lesser estate therein; a mortgagee or vendee in possession of the premises; an assignee of rents; a receiver, executor, or trustee; and a lessee in control of a building or structure.

(2)

"USBC" shall mean the Uniform Statewide Building Code as adopted and promulgated by the Virginia Board of Housing and Community Development, and any amendments thereto and regulations adopted and promulgated by such board from time to time.

(3)

"Unsafe structure" shall mean an existing building, wall or other structure which fails to comply with the USBC through damage, deterioration, infestation, improper maintenance, or for other reasons, and which thereby has become unsafe, unsanitary or deficient in adequate exit facilities; or an existing building, wall or other structure which is otherwise dangerous to human life, health or safety, or the public welfare.

(b)

All structures which fall within the definition of an unsafe building, wall or other structure, as defined in section (a)(3), above, are hereby declared to be public nuisances and unfit for human habitation. A property owner shall remove, repair or secure any unsafe structure located on his property, as follows:

(1)

by repairing and making the unsafe structure safe, through compliance with the USBC, or such other means or methods as will abate the conditions that present a danger to human life, health or safety, or the public welfare;

(2)

by vacating the unsafe structure and securing it against public entry, or

(3)

by taking down and removing the unsafe structure.

(c)

Whenever it shall come to the attention of the city's building maintenance official that any building, wall or structure likely constitutes an unsafe structure, the building maintenance official shall inspect or cause an inspection to be made thereof and shall determine whether the building, wall or other structure is in fact unsafe. The building maintenance official shall prepare a report, to be filed in the records of the city's department of neighborhood development services. A copy of such report shall be issued to the property owner. The report shall include the use of the structure, a description of conditions found and the nature and extent of the conditions.

(d)

If a building, wall or other structure is determined by the building maintenance official to be an unsafe structure, the building maintenance official shall issue a notice of unsafe structure to the owner of the unsafe building, wall or structure, as well as to any lienholder whose interest is of record in the land records of the Charlottesville Circuit Court. The notice shall give the owner and lienholder of record thirty (30) days in which to make the necessary repairs. Whenever possible, notice of an unsafe structure should also be given to the tenants, if any, of the unsafe building. The notice of unsafe structure shall be given as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the code official shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sending a copy thereof by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city.

(e)

If the owner and lienholder after notice and a reasonable opportunity to act has failed to remove, repair or secure the unsafe structure, then the city may remove, repair or secure the unsafe structure. Where certified mail or notice of publication is utilized, no action shall be taken by the city to remove, repair or secure any unsafe structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(f)

When in the opinion of the building maintenance official there is immediate danger of collapse or failure of an unsafe structure, or any part thereof, which would endanger life, or when a violation of the USBC results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants thereof, then in addition to any other action authorized by the USBC (including, without limitation, issuance of an order requiring occupants to vacate the premises), the building maintenance official is hereby vested with the authority:

(1)

To take immediate action to secure the unsafe structure, and to make emergency repairs, to the extent reasonably necessary to make such unsafe structure, or part thereof, temporarily safe. Emergency repairs may include maintenance to the exterior of a building to prevent deterioration of the building or of adjacent buildings. If the unsafe structure, or a portion thereof, presents an imminent and immediate threat to life or property, then the corrective action authorized by this section may include the razing or removal of such structure, or a portion thereof. Notice of the emergency action(s) taken shall be given to the owner, in the same manner as provided in section 5-163(d) above, except that the thirty-day advance notice period shall not be applicable where emergency corrective action, securing of the unsafe structure or emergency repairs are necessary; and/or

(2)

To placard the unsafe structure as being unfit or unsafe for human occupancy or use. The placard shall be posted at all normal means of egress to the structure, building or facility. As soon as possible after placarding, the building maintenance official shall mail or deliver a notice to the owner(s) or occupant(s) of the unsafe structure, informing such person(s) of the reason for placarding and the penalty for occupancy or use while placarded. Notice shall be given in the same manner as provided in section 5-163(d) above. Once an unsafe structure is placarded, the occupancy or use is thereby prohibited. Occupancy or use of a placarded structure shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter. Once an unsafe structure is placarded, no occupancy or use shall recommence until the building maintenance official approves such in writing. Removal of a placard without permission of the building maintenance official shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter.

(g)

In the event the city removes, repairs, or secures any unsafe structure, then all of the costs or expenses incurred by the city shall be assessed and billed to and paid by the owner of the property, and the building maintenance official shall prepare an affidavit certifying the costs and expenses incurred by the city. If the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable in the same manner as provided by section 5-4 of the City Code.

(7-16-01(1), § 2; 3-1-04(1); 11-15-04(1), § 1)

(a)

For the purpose of this division, the following terms shall have the meanings ascribed below:

(1)

Affidavit means the sworn legal document prepared by the city in accordance with section 5-172, below.

(2)

Bawdy place means any real property which is used or is to be used for lewdness, assignation or prostitution.

(3)

Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure.

(4)

Director means the director of neighborhood development services, or his designee.

(5)

Owner means the owner of record of real property.

(6)

Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

(7)

Present threat to the public's health, safety or welfare shall mean, for the purposes of this division, the regular presence on property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit any act or acts of lewdness, assignation or prostitution.

(8)

Property means real property.

(7-16-01(1), § 2)

In addition to any other enforcement procedures or remedies which may be available the director is authorized to undertake corrective action with respect to a bawdy place on property located within the city, in accordance with the following procedures:

(1)

The director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-908.1 of the Code of Virginia (1950), as amended, and affirming that: a bawdy place exists on certain property in the manner described therein; that the city has used due diligence, without effect, to abate the bawdy place; and that the bawdy place constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.

(2)

The director shall, in writing, notify the last known owner of the property, by regular mail sent to the owner's last known address as it appears in the city's assessment records for the property. The notice shall advise the owner that he or she has thirty (30) days from the date of the notice to undertake corrective action to abate the bawdy place described in the affidavit and that, if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. A copy of the director's affidavit shall be attached to the notice required by this section. The director shall prepare an affidavit of mailing, certifying that the notice was mailed as required by this section. The affidavit of mailing shall be sufficient evidence of the required mailing.

(7-16-01(1), § 2)

(a)

If no corrective action is undertaken by the owner within thirty (30) days from the city's notice, the director shall send by regular mail an additional notice ("final notice") to the owner, and the director shall also mail a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing of the notice the city will commence to abate the bawdy place, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the bawdy place on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(b)

In the event the director determines that a removal of a building or structure is necessary to abate the bawdy place on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the bawdy place. The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, the notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

If the city undertakes corrective action to abate a bawdy place the costs and expenses thereof shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property and shall be enforceable as provided by section 5-4 of this chapter.

(7-16-01(1), § 2)

If a property owner takes timely corrective action, the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs.

(7-16-01(1), § 2)

For the purpose of this division, the following terms shall have the meanings ascribed below:

(a)

Affidavit means the sworn legal document prepared by the city in accordance with section 5-182, below.

(b)

Chief of police means the chief of police of the Charlottesville Police Department, and his designee(s).

(c)

Controlled substance shall refer to substances referenced within section 54.1-3401 of the Code of Virginia (1950), as amended, and for the purposes of this division the term shall also include marijuana.

(d)

Corrective action means the taking of steps which are reasonably expected to be effective to abate a drug blight on real property, such as removal, repair or securing of any building, wall or other structure.

(e)

Director means the director of neighborhood development services, and his designee(s).

(f)

Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of illegal controlled substances or by the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances on or nearby the property.

(g)

Owner means the record owner of real property, as indicated by the land records of the Charlottesville Circuit Court.

(h)

Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

(i)

Property means real property.

(7-16-01(1), § 2)

In addition to any other enforcement procedures or remedies which may be available to the city, the director is hereby authorized to undertake corrective action with respect to a drug blight on property located within the city, in accordance with the following procedures:

(a)

The city's chief of police may, from time to time, report to the director information concerning criminal activity related to controlled substances involving any property located in the city. Such information shall include details demonstrating that such property contains a drug blight. The information shall include a description of action(s) the chief of police has taken to abate the criminal activity referenced in the report.

(b)

Upon receipt of information referred to in paragraph (a), above, the director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-907 of the Code of Virginia (1950), as amended, and affirming that: a drug blight exists in the manner described therein; that the city has used due diligence, without effect, to abate the drug blight; and that the drug blight constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.

(c)

The director shall notify the property owner in writing of the determination of drug blight, and the director's written notice shall be mailed to the owner by regular mail sent to the last known address as it appears in the assessment records of the city. The notice shall advise the owner that the owner has thirty (30) days from the date of the notice to undertake corrective action to abate the drug blight described in the affidavit and that the city will assist the owner in determining the appropriate corrective action necessary to abate the drug blight. A copy of the director's affidavit affirming the presence of drug blight on the property shall be attached to the property owner's notice. The director shall prepare an affidavit certifying that the notice required by this section has been mailed.

(7-16-01(1), § 2)

(a)

If no corrective action is undertaken by the owner within thirty (30) days from the director's notice, the director shall send by regular mail an additional notice ("final notice")to the owner, at the address stated in the assessment records of the city and shall also send a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing thereof the city will commence to abate the drug blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the drug blight on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(b)

In the event the director determines that a removal of a building or structure is necessary to abate the drug blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the drug blight. The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

If the city undertakes corrective action to abate a drug blight the costs and expenses thereof shall be billed to and paid by the owner of the property. The director shall prepare an affidavit certifying the costs and expenses incurred by the city. Every charge authorized by this section which remains unpaid for thirty (30) days shall constitute a lien against such property and enforceable in the same manner as provided by section 5-4 of this chapter.

(7-16-01(1), § 2)

If a property owner takes timely and effective corrective action pursuant to this division to abate the drug blight, the city shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.

(7-16-01(1), § 2)

The purpose of this division is to set forth the powers of the city and procedures for the acquisition or repair of blighted property, as defined herein, which are located within the city.

(7-16-01(1), § 2)

For the purposes of this division the following terms shall have the meanings ascribed below:

(a)

Blighted property shall mean and refer to any property with buildings or improvements which, by reason of dilapidation, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, or welfare of the community.

(b)

Director shall mean and refer to the director of neighborhood development services and his designee(s).

(7-16-01(1), § 2)

The director shall make a preliminary determination that a property is a blighted property. Upon making such a preliminary determination, the director shall notify the owner of the blighted property, specifying in writing the reasons why the property is considered blighted. A property owner shall have thirty (30) days from the director's written notice of the preliminary determination to respond with a plan to cure the blight within a reasonable time. If the owner fails to respond within the thirty-day period with a plan that is acceptable to the director, then the director may request the planning commission to conduct a public hearing and make findings and recommendations concerning the repair or other disposition of the property in question.

(7-16-01(1), § 2)

(a)

In the event a public hearing is scheduled by the planning commission:

(1)

The director shall prepare a plan for the repair or other disposition of the subject property. The director's plan shall include any aspect(s) of a plan submitted by the property owner which the director deems to be reasonable.

(2)

Notice of the public hearing, including the director's plan for the intended repair or other disposition of the property, and including the time and place of the hearing at which persons affected may appear and present their views, shall be given by the planning commission as follows:

(i)

By regular and also by certified mail, to the following: (i) the owner of the blighted property, or the agent designated by the owner for receipt of service of notices concerning the payment of real estate taxes within the city;(ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area, and

(ii)

By publication, at least twice, with not less than six (6) days elapsing between the first and second publications, in a newspaper published or having general circulation in the city, and

(iii)

By posting on the property itself.

(b)

The public hearing shall take place not less than six (6) days nor more than twenty-one (21) days after the second newspaper publication.

(7-16-01(1), § 2)

(a)

Following a public hearing, the planning commission shall make specific findings as to whether:

(1)

The property is a blighted property, as defined within City Code section 5-192;

(2)

The owner has failed to cure the blight or to present a reasonable plan to do so;

(3)

The property is occupied for personal residential purposes,

(4)

The property has been condemned for human habitation for more than one (1) year;

(5)

The director's plan for the repair or other disposition of the property is reasonable and in accordance with the city's adopted comprehensive plan, zoning ordinances, and other applicable land use regulations;

(6)

The property is located within an area listed on the National Register of Historic Places. In the event of such a determination, then the planning commission shall consult with the board of architectural review regarding the director's proposed plan for repair or other disposition of the property.

(b)

The planning commission shall report its findings and recommendations concerning the repair or other disposition of the blighted property to the city council.

(7-16-01(1), § 2)

Upon receipt of findings and recommendations from the planning commission, the city council may, after an advertised public hearing, affirm, modify or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city may carry out the approved plan in accordance with the approved plan and applicable law.

(7-16-01(1), § 2)

The city shall have a lien on all property repaired or acquired under an approved plan, to cover the cost of improvements made by the city to bring the blighted property into compliance with applicable building codes and the cost of disposal, if any. The director shall prepare an affidavit certifying the amount of such costs. The lien shall be filed in the circuit court and shall be subordinate to any prior liens of record. The city may recover its costs of repair from the owner of record of the property when the repairs were made, at such time as the property is sold or disposed of by such owner. If the property is acquired by the city through eminent domain, the cost of repair may be recovered when the city council sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any sale of the property.

(7-16-01(1), § 2)

(a)

In lieu of the acquisition of a blighted property by the exercise of the city's powers of eminent domain, and in lieu of the exercise of other powers listed in this division, the city council may, by ordinance, make findings that a property constitutes a blighted property, as defined within City Code section 5-192, declare such blighted property a nuisance and thereupon abate the nuisance.

(b)

Such ordinance shall be adopted only after written notice by certified mail to the owner(s) of the property, at the last known address of such owner(s) as shown on the current real estate tax assessment books or current real estate tax assessment records. The notice shall advise the property owner that if corrective action is not taken by the property owner of the date(s) on which the ordinance will be considered by council, and a copy of the proposed ordinance shall be attached to the notice. A copy of such notice and proposed ordinance shall also be sent by certified mail to any lienholder(s) of record. Copies of certified mail receipt(s) shall be sufficient evidence of mailing.

(c)

The abatement process shall be as follows:

(1)

If the property owner fails to abate the blight prior to the date on which an ordinance is adopted by council, the director shall give a final notice to the owner and shall also send a copy of the final notice to any lienholder(s) of record. A copy of the ordinance adopted by council shall be attached to the final notice. The final notice shall state that, no fewer than fifteen (15) days from the mailing thereof, the city will commence to abate the blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the blight on the property. In the event the director determines that a removal of a building or structure is necessary to abate the blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the blight. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(d)

The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

Except as otherwise specifically provided, a violation of any provision of this chapter, including any provision of the codes adopted in Article II, shall constitute a Class 1 misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). In addition, a person guilty of such violation shall make good all damages arising by reason of the violation and shall be subject to revocation of his license to do business in the city. For the purposes of this chapter, the word "person" shall include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

(Code 1976, § 5-15; 12-21-92; 7-16-01(1), § 1)

State Law reference— Penalty for building code violations, Code of Virginia, § 36-106.

Editor's note— An ordinance adopted Nov. 1, 2004, § 1, repealed § 5-2, which pertained to registration of contractors. See also the Code Comparative Table.

(a)

Any landlord who rents five (5) or more dwelling units, as defined in the Virginia Residential Landlord and Tenant Act, section 55-248.4 ), in any one (1) building shall install the following devices upon the written request of the tenant:

(1)

Peepholes, and dead-bolt locks which meet the requirements of the USBC for new multi-family construction, within any exterior swinging entrance door to such tenant's unit; however, the landlord shall not be required to install a peephole in any door having a glass panel;

(2)

Manufacturer's locks which meet the requirements of the USBC, and removable metal pins or Charlie bars which meet requirements of the USBC, on exterior sliding glass doors located on the first two (2) levels of a building; and

(3)

Locking devices which meet the requirements of the USBC, on all exterior windows.

(b)

Any landlord subject to this section shall have a reasonable time in which to comply with its requirements. For the purposes of this section, ten (10) days following receipt of written notice of a tenant or the city's building maintenance official shall be deemed a reasonable time.

(Code 1976, § 5-3.2; 11-1-04, § 1)

State Law reference— Authority for above section, Code of Virginia, § 55-248.13:1.

(a)

Except as otherwise provided herein, wherever this chapter authorizes the city to take action to remedy, abate, repair, remove or take other action to correct a condition which exists on property located within the city, in violation of a provision of this chapter, the costs and expenses incurred by the city in taking such action shall be assessed and billed to, and paid by, the owner of the property. The city may take such action through any employees or agents, subject to applicable public procurement laws.

(b)

Except as provided in section 5-163(g) of this chapter, amounts in excess of two hundred dollars ($200.00) which have been assessed and billed to a property owner and which remain unpaid for thirty (30) days shall constitute a lien against such property ranking on a priority with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3895 et seq.) of Chapter 39, Title 58.1 of the Code of Virginia (1950), as amended. The city may waive such liens in order to facilitate a sale of such property; however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(c)

The remedies set forth within this chapter shall be cumulative and shall be in addition to any other remedies that may be authorized by law.

(7-16-01(1), § 2; 11-15-04(1), § 1)

(a)

There is hereby incorporated by reference into this Code the Uniform Statewide Building Code ("USBC") adopted and promulgated on April 15, 1997 by the Virginia Board of Housing and Community Development pursuant to the provisions of § 36-98 of the Code of Virginia (1950), and amendments thereof and regulations promulgated pursuant thereto, as adopted and promulgated by such board from time to time (including, without limitation, the USBC amendment adopted by the board effective October 1, 2003, and any documents or codes adopted and incorporated into the USBC by reference therein).

(b)

Enforcement of Part II of the USBC shall be the responsibility of the city's building department and code official. Enforcement of Part III of the USBC shall be the responsibility of the city's local enforcing agency and building maintenance official. For the purposes of this chapter the term "building department" and "local enforcing agency" shall mean the city's department of neighborhood development services, which is hereby charged with the administration, supervision and enforcement of the USBC and with approval of plans, inspection of buildings and issuance of permits, licenses, certificates or similar documents.

(c)

The code adopted by this chapter is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.

(d)

The provisions of the code adopted by this chapter shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.

(e)

Except as otherwise provided, any owner or other person who shall violate any provision of the USBC or who shall violate any lawful provision of any rule, regulation or order adopted or made by the building code official pursuant to the provisions of this Article II shall be guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day a violation continues after conviction shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to obey or remedy the violation in order to comply with the provisions of this Article II. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which a violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense, after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense shall be suspended.

(f)

Any owner or other person who shall retaliate against a tenant by increasing rent or decreasing services, or by terminating a rental agreement, because the tenant reported a violation of the provisions of this chapter to the code official, or because the tenant cooperated with the building code official in an investigation, shall be guilty of a violation of this chapter and shall be punished as provided in section 5-1 of this chapter.

(Code 1976, § 5-1; 7-16-01(1), § 1; 3-1-04(1))

State Law reference— Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.

In addition to those provisions of the USBC which the city's building department is required by law to enforce, the city does hereby elect to enforce those optional provisions of the USBC pertaining to the maintenance of existing structures and the equipment therein.

(Code 1976, § 5-1.1; 7-16-01(1), § 1)

(a)

The city's building department and local enforcing agency shall appoint two (2) officials in charge of enforcement. One (1) shall be referred to as the city's "code official," or "building code official" and the other shall be referred to as the building maintenance official. The code official and building maintenance official shall each be appointed by the city's director of neighborhood development services, with the approval of the city manager. The authority of the city's building department, code official and building maintenance official shall include inspection not only for enforcement of the USBC but also to include inspections to determine the safety of existing structures or equipment and to determine whether grounds exist for the abatement or removal of any building, structure or equipment which may be dangerous to human life, health or safety, or the public welfare.

(1)

The city's code official and building maintenance official shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.

(2)

The city's code official and building maintenance official shall appoint technical assistants and other employees for the administration and enforcement of the USBC. Such assistants and employees shall have the qualifications, experience and certifications required by the USBC, Part 1, Chapter 1, Section 104.

(b)

The code official, building maintenance official, or their duly authorized representative may enter any building structure or other premises in the city to perform any duty imposed upon him by this chapter.

(c)

Upon notice from the code official that work on any building or structure is being done contrary to the provisions of the USBC, or in a manner that is otherwise dangerous or unsafe, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the building official.

(Code 1976, § 5-2; 7-16-01(1), § 1; 3-1-04(1))

There is hereby created a building code board of appeals, pursuant to Volume I of the Virginia Uniform Statewide Building Code. The board of appeals shall consist of five (5) members qualified as provided in such code and the members shall serve for terms of five (5) years each. The jurisdiction of the board of appeals shall be as established by the building code and may be expanded by local ordinance.

(Code 1976, § 5-14)

Cross reference— Limitation on terms of members of boards, § 2-8; building code board of appeals designated as fire prevention code board of appeals, § 12-54; appeals from decisions relating to tax exemption for solar energy facilities to building code board of appeals, § 30-131.

Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed § 5-30, which pertained to Insertion of local requirements in plumbing code. See also the Code Comparative Table.

The design and installation of building, electrical, mechanical, and plumbing systems and any other work subject to USBC regulations, shall comply with the requirements of this chapter and with the USBC and other applicable state laws and regulations.

(Code 1976, § 5-22; 11-1-04, § 2)

All natural gas pipe lines shall be installed to meet the U.S. Department of Transportation minimum safety standards for transportation of natural gas and the requirements of the building code.

(11-1-04, § 3)

Note— See the editor's note at §§ 5-34—5-55.

No utility line shall be located within one (1) foot of a gas line; except, that a sanitary sewer line shall not be located within five (5) feet of a gas line.

(11-1-04, § 3)

Note— See the editor's note at §§ 5-34—5-55.

Editor's note— An ordinance adopted Nov. 1, 2004, § 2, repealed former §§ 5-32—5-37, which pertained to standards for installation of gas pipe lines; who may work on gas systems; location of utility lines near gas lines; and venting of gas appliances. Section 3 of said ordinance added provisions designated as new §§ 5-32 and 5-33 to read as herein set out. See also the Code Comparative Table.

(a)

Application for any permits required pursuant to the USBC ("building permit") shall be made to the city's building official. The city council will, from time to time, approve a schedule of the fees and charges associated with the costs of such building permits and with building code enforcement and appeals required by this chapter. At the time an application, permit or other approval is submitted to the city, it shall be accompanied by the required fee(s) and charges as designated in the most recent fee schedule adopted by city council. Fees shall be made payable to the city treasurer. No building permit shall be issued until all required fees have been paid.

(b)

The fee for issuance of a permit issued pursuant to this chapter shall have added to it any surcharge levied by the Virginia Department of Housing and Community Development ("DHCD") pursuant to section 36-137 of the Code of Virginia, as set forth within the building code, which surcharge shall be remitted to DHCD on a quarterly basis.

(Code 1976, § 5-4; 4-2-90; 6-4-01(1), § 1; 7-16-01(1), § 1; 4-13-04(1), § 1; 11-1-04, § 4)

Cross reference— Compliance with chapter 10 prerequisite to issuance of building permit, § 10-3.

(a)

In the event the building official finds that an individual is practicing as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider (as those terms are defined within § 54.1-1128 of the Virginia Code) without a license as required by state law, the building official shall file a report to that effect with the state board for contractors.

(b)

If the building official has reason to believe that (i) a tradesman, liquefied petroleum gas fitter, or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the USBC, or (ii) a certified backflow prevention device worker is performing incompetently, as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the USBC, then the building official shall file a report to such effect with the state board for contractors.

(11-1-04, § 6)

Editor's note— An ordinance adopted Nov. 1, 2004, § 5, repealed §§ 5-57—5-64, which pertained to Special permits; Electrical permits—Generally; Same—Annual; Plumbing permits—Generally; Same—Annual; Mechanical permits—Generally; Same—Annual; and Revocation of permits. Section 6 of said ordinance enacted provisions designated as a new § 5-57 to read as herein set out. See also the Code Comparative Table.

All buildings fronting on the public streets of the city shall be numbered in conformity with the following:

(1)

On streets running parallel with Main Street, the odd numbers shall apply to the north sides and the even numbers to the south sides. On streets running parallel with First Street, the odd numbers shall apply to the west sides and the even numbers to the east sides.

(2)

On streets running parallel with Main Street, the numbering shall commence with Number 100 at First Street, increasing at the rate of one hundred (100) numbers for each block going eastward and westward. On streets running parallel with First Street, the numbering shall commence with Number 100 at Main Street, increasing at the rate of one hundred (100) numbers for each block going northward and southward.

(Code 1976, § 5-31)

The director of public works shall have prepared a master building number map and on such map shall establish all house numbers, allowing one (1) whole number for every house, tenement or other building and, from criteria on the map, maintain numbers for vacant lots in both residential and business districts. The director shall also furnish all owners of buildings with the information necessary for them to place their numbers on their houses, tenements or other buildings and shall give a certificate of the proper number applicable to any building when so requested by the owner thereof.

(Code 1976, § 5-32)

No person owning or occupying a building shall number or attempt to number it otherwise than in conformity with this article, nor shall any person deface, alter or remove a number placed upon a house in accordance with this article; provided, that owners may briefly remove numbers in order to repair, maintain or replace them with copies.

(Code 1976, § 5-33)

(a)

It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(b)

Upon a finding of guilt under this section in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community service, or both, as is more particularly set forth in Virginia Code section 19.2-305.1.

(c)

Community service, to the extent feasible, shall include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include: clean-up, beautification, landscaping or other appropriate community service within the locality. The director of public works, or his or her designee, is hereby charged with the supervision of the performance of any community service work required and with reporting to the court imposing any such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the city's director of public works or his or her designee.

(d)

In the event any willful or malicious damage, defacement, or destruction of any public property is caused by a person under the age of eighteen (18) years ("minor"), then the city may institute an action and recover damages therefor from the parents, or either of them, of any such minor living with such parent(s). No more than two thousand five hundred dollars ($2,500.00) may be recovered from such parent, or either of them, as a result of any incident or occurrence on which such action is based. Any recovery from the parent(s) of such minor shall not preclude full recovery from such minor, except to the amount of the recovery from such parent(s). The provisions of this section shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of a minor child.

(e)

The director of public works or his or her designee is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure, or of any private building, wall, fence or other structure where such damage or defacement is visible from any public right-of-way.

(1)

Prior to such removal the director of neighborhood development services or his or her designee shall seek the written permission of the property owner; if written permission is not practical under the circumstances, verbal authorization shall be sought.

(2)

If the property owner fails to provide requested permission within five (5) days of receipt of a request for permission, or denies any such request, then the director of neighborhood development services or his or her designee shall give the property owner of record and the person in control of the property, a written notice of the city's intention to proceed with removal or repair. Such written notice shall describe the condition(s) to be abated, the location of the property, a statement of the act(s) necessary to remove or repair the defacement, and the date on which the city will commence abatement if such defacement is not remedied, which date shall be no fewer than five (5) business days following the notice.

(3)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by certified mail, return receipt requested, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(7-16-01(1))

(a)

It shall be unlawful for any person to commit any of the following acts:

(1)

Willfully destroy, defile, deface or otherwise injure any building or structure used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, ornament, musical instrument, article of silver or plated ware or other chattel or property kept therein.

(2)

Brand, write, mark or paint any sign, letters or characters of an obscene or disparaging nature on any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior.

(3)

Attempt to commit any acts prohibited by this section.

(b)

The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon the grounds of any building or structure used or designed to be used as a place of religious worship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section.

(c)

A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(7-16-01(1))

(a)

The following definitions shall apply to these words when used in this section:

(1)

Director means the director of neighborhood development services and his designee(s).

(2)

Owner means a person: (i) who is the owner of any parcel of real estate, as indicated by the real estate tax records in the office of the city assessor; (ii) who is the occupant or tenant of any parcel of real estate; (iii) who has charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) who is the beneficiary of any easement or right of use of a parcel of real estate.

(b)

It shall be unlawful for any person to allow to accumulate on any private property or premises any offensive, unwholesome, unsanitary or unhealthy substance(s), including, without limitation: any refuse, garbage, rubbish, paper, trash, manure, offal, ashes, vegetable matter, broken glass, or stagnant water. Any such accumulation is hereby declared to be a public nuisance. A person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(c)

The director shall, upon determining that there exists a violation of this section, serve notice on the owner to cause such violation to be remedied, removed or otherwise abated. The owner shall remedy, remove or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first-class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by regular, first-class mail, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.

(d)

If the condition is not corrected within ten (10) days after hand-delivery of the notice, or within ten (10) days following mailing, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00), shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(7-16-01(1))

(a)

The following definitions shall apply to these words when used in this section:

(1)

Director means the director of neighborhood development services and his designee(s).

(2)

Owner means: (i) that person who owns any parcel of real estate, as identified in the real estate tax records in the office of the city assessor; (ii) any person who is the occupant or tenant of any parcel of real estate; (iii) any person having charge of a parcel of real estate as an executor, administrator, trustee, guardian or agent, or (iv) the beneficiary of any easement or right of use of a parcel of real estate.

(3)

Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion.

(b)

A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter.

(1)

It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance.

(2)

It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance.

(c)

The director shall, upon determining that there exists a condition or growth of vegetation in violation of this section, serve notice on the owner to cause such condition or growth to be cut, removed or otherwise abated. The owner of any parcel of real estate on which there exists a condition or growth of vegetation in violation of this section shall be required to cut, remove, or otherwise abate the nuisance within ten (10) calendar days following the issuance of such notice.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice. An affidavit of the director certifying hand-delivery or mailing shall be sufficient evidence of notice to the owner.

(d)

If the condition is not corrected within ten (10) days after the delivery or mailing of the director's notice, the director may cause such condition to be abated. The cost thereof, together with an administrative handling charge of seventy-five dollars ($75.00) shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(7-16-01(1))

(a)

It shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential purposes, see section 34-350 of the City Code, or commercial purposes, see sections 34-440 and 34-541 of the City Code, any inoperable motor vehicle. However, the provisions of this section shall not apply to a licensed business which, on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

(1)

As used in this section "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer (as defined within Virginia Code § 46.2-100) which: (i) is not in operating condition (including, without limitation any motor vehicle, trailer or semitrailer which for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires or wheels, the engine, or other essential parts required for operation); (ii) does not display a valid license plate; (iii) does not display a valid inspection decal; or (iv) displays an inspection decal that has been expired for more than sixty (60) days.

(2)

As used in this section, "otherwise shielded or screened from view" shall mean, on property zoned for residential purposes, not visible to the unaided eye from anywhere below the level of the third story of a building outside the boundaries of the lot on which the vehicle is kept; on property zoned for business purposes, "otherwise shielded or screened from view" shall mean not visible to the unaided eye from street or ground level outside the boundaries of the lot on which the vehicle is kept.

(b)

No person shall keep more than one (1) inoperable motor vehicle outside of a fully enclosed building or structure. The one (1) vehicle allowed outside of a fully enclosed building or structure shall still be subject to the requirement of being shielded or screened from view.

(c)

Whenever a violation of this section is determined by the director, the director shall serve notice on the owner of the property whereon the inoperable motor vehicle is located, requiring the owner to remove or cause the removal of such vehicle.

(1)

All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery, or by regular mail to the last known address of such person, or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand-delivery, or by regular first-class mail to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.

(2)

Such notice shall require the owner to correct the condition within ten (10) days from the date of delivery or mailing of the notice.

(d)

Should the owner of the premises fail to remove or cause the removal of an inoperable motor vehicle as directed within the director's notice, and if the owner also fails within the ten-day period to request an informal administrative hearing with an official designated by the chief of police for the purpose of challenging the validity of the violation determination or the necessity for removing the vehicle, then the city may take action to remove the inoperable motor vehicle(s). The costs and expenses of such removal by the city shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable as provided by section 5-4 of the City Code.

(e)

After removing an inoperable motor vehicle from property, the city may then dispose of the vehicle after giving an additional ten (10) days' written notice to the owner of the vehicle and, if different, also to the owner of the property from which the vehicle was removed. However, if a timely request for an administrative hearing has been made to challenge the validity of the violation determination, then disposal by the city shall not be made unless and until the matter is resolved in favor of the city.

(7-16-01(1); 2-5-07; 8-17-15(1))

(a)

It shall be unlawful for any person to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two (2) cubic feet of clear space which is airtight, without first removing the doors or hinges from such icebox, refrigerator, container, device or equipment.

(b)

This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

(c)

A violation of this section shall constitute a Class 3 misdemeanor.

(7-16-01(1))

No person shall erect or maintain a fence, wall or other barrier wholly or partially enclosing any lot or premises within the city, where such fence, wall or barrier is made of or includes barbed ends, barbed wire or razor wire, or any similar materials, except that barbed ends of fences, barbed wire or razor wire, and similar materials, may be used on top of any wall or fence wholly or partially enclosing any lot or premises zoned for commercial or industrial use. Where allowed, such materials shall be installed at a height of six (6) feet or more above ground level. The owner of any property on which is located any such materials in violation of this section shall remove such fence within ten (10) days after being sent written notification to do so by the city manager or his designee. Each day that a violation continues after the expiration of such ten-day period shall constitute a separate offense.

(7-16-01(1); 9-15-03(1))

(a)

Any person who has caused to be dug on his own land or the land of another any well or pit shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowls before such well or such pit is abandoned. Any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned, provided such person has knowledge of the existence of such well or pit. In the case of mining operations, in lieu of filling the shaft or pit, the owner or operator thereof, on ceasing operations in such shaft or pit, shall securely fence the same and keep the same at all times thereafter securely fenced.

(b)

Any person violating any provision of this section shall be deemed guilty of a Class 3 misdemeanor.

(7-16-01(1))

(a)

Every person owning or occupying any land on which there is a well having a diameter greater than six (6) inches and which is more than ten (10) feet deep shall at all times keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls. The construction, installation and maintenance of such covers, including the manner in which any concrete used in connection therewith shall be reinforced, shall conform to the provisions of the Virginia Uniform Statewide Building Code.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(7-16-01(1))

(a)

It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be construed as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city.

(b)

Whenever the director, or the official designated by him, has determined by reports, inspections or otherwise, that any condition in violation of this section exists, he shall notify the owner and the occupant to comply with the requirements of this section within such reasonable time as specified in the notice. Such notice shall be in writing and shall be delivered by hand or mailed to the last known address(es) of the owner and the occupant. If, after such notice, the owner and/or occupant fails to abate or obviate the condition(s) in violation of this section, the city may do so and charge and collect the cost thereof from the owner and/or occupant as provided by law for the collection of local taxes.

(c)

The city manager is authorized to promulgate regulations to govern the circumstances under which the owner or occupant of any land or premises may be relieved of the duty imposed by paragraph (a), above, for reasonable cause shown, such as the advanced age, poor health or disability of an owner or occupant, difficult or hazardous topography of a particular street right-of-way area, or other similar circumstances as may be specified within said regulations.

(2-17-04(1), § 1)

(a)

The owner of any building which has been vacant for a continuous period of twelve (12) months or more shall register such building with the city on or before January 1 of each calendar year. Such registration shall be with the department of neighborhood development services on a form prescribed by the director of that department. Every person filing registration forms shall pay an annual registration fee of twenty-five dollars ($25.00) to defray the cost of processing the registration. For the purpose of this section, the term "owner" means the owner of record of the building, or a duly authorized representative or agent of the owner of record.

(b)

Any person who fails to register a vacant building by the January 1 deadline shall be subject to a fifty dollar ($50.00) civil penalty. Any person who fails to register any vacant building that has been designated as blighted pursuant to the provisions of Division 5 of this chapter shall be punished by a civil penalty not exceeding two hundred fifty dollars ($250.00) for each such building that is not registered.

(c)

At least thirty (30) days prior to the assessment of any civil penalty, the director of neighborhood development services or his designee shall mail to the owner, at the address to which property tax notices are sent, notice of the failure to comply with the registration requirements of this section. Upon re-occupancy the owner shall promptly notify the department of neighborhood development services.

(7-16-01(1), § 2)

(a)

On real estate with an assessed value of twenty thousand dollars ($20,000.00) or less located within the city, where:

(1)

Any taxes on such real estate are delinquent on December 31 following the third anniversary of the date on which such taxes have become due, and

a.

The land or structure on it has been declared a nuisance by the local building official due to unresolved code violations, and

b.

The owner of record of the property has failed to abate the nuisance after proper notice has been given by code enforcement officials, and

c.

The locality has taken steps to abate the nuisance condition and has placed a lien on the property for the cost off such abatement, and the lien has remained unpaid; or

(2)

Any taxes on such real estate are delinquent on December 31 following the seventh anniversary of the date on which such taxes have become due;

then the property shall be deemed abandoned and subject to sale by public auction, through institution by the city's treasurer of judicial proceedings in accordance with the provisions of Virginia Code § 58.1-3965.

(b)

With respect to any parcel of real estate located within the city which meets all of the following criteria:

(1)

The parcel has delinquent real estate taxes or the locality has a lien against the parcel for: removal, repair or securing of a building or structure; removal of trash, garbage, refuse, or litter; or the cutting of grass, weeds or other foreign growth;

(2)

Such taxes and liens, together, including penalty and accumulated interest, exceed fifty (50) percent of the assessed value of the parcel; and

(3)

The parcel has an assessed value of twenty thousand dollars ($20,000.00) or less;

the city may petition the circuit court to appoint a special commissioner to execute the necessary deed(s) to convey such parcel of real estate to the city in lieu of a sale at public auction. All such judicial proceedings initiated by the city shall be brought in accordance with the provisions of Virginia Code § 58.1-3970.1.

(7-16-01(1), § 2)

(a)

Definitions. The following words, when used in this section shall have the meanings ascribed to them below:

(1)

"Owner" shall mean and include: the owner of record of the freehold of the premises, or of a lesser estate therein; a mortgagee or vendee in possession of the premises; an assignee of rents; a receiver, executor, or trustee; and a lessee in control of a building or structure.

(2)

"USBC" shall mean the Uniform Statewide Building Code as adopted and promulgated by the Virginia Board of Housing and Community Development, and any amendments thereto and regulations adopted and promulgated by such board from time to time.

(3)

"Unsafe structure" shall mean an existing building, wall or other structure which fails to comply with the USBC through damage, deterioration, infestation, improper maintenance, or for other reasons, and which thereby has become unsafe, unsanitary or deficient in adequate exit facilities; or an existing building, wall or other structure which is otherwise dangerous to human life, health or safety, or the public welfare.

(b)

All structures which fall within the definition of an unsafe building, wall or other structure, as defined in section (a)(3), above, are hereby declared to be public nuisances and unfit for human habitation. A property owner shall remove, repair or secure any unsafe structure located on his property, as follows:

(1)

by repairing and making the unsafe structure safe, through compliance with the USBC, or such other means or methods as will abate the conditions that present a danger to human life, health or safety, or the public welfare;

(2)

by vacating the unsafe structure and securing it against public entry, or

(3)

by taking down and removing the unsafe structure.

(c)

Whenever it shall come to the attention of the city's building maintenance official that any building, wall or structure likely constitutes an unsafe structure, the building maintenance official shall inspect or cause an inspection to be made thereof and shall determine whether the building, wall or other structure is in fact unsafe. The building maintenance official shall prepare a report, to be filed in the records of the city's department of neighborhood development services. A copy of such report shall be issued to the property owner. The report shall include the use of the structure, a description of conditions found and the nature and extent of the conditions.

(d)

If a building, wall or other structure is determined by the building maintenance official to be an unsafe structure, the building maintenance official shall issue a notice of unsafe structure to the owner of the unsafe building, wall or structure, as well as to any lienholder whose interest is of record in the land records of the Charlottesville Circuit Court. The notice shall give the owner and lienholder of record thirty (30) days in which to make the necessary repairs. Whenever possible, notice of an unsafe structure should also be given to the tenants, if any, of the unsafe building. The notice of unsafe structure shall be given as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the code official shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sending a copy thereof by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city.

(e)

If the owner and lienholder after notice and a reasonable opportunity to act has failed to remove, repair or secure the unsafe structure, then the city may remove, repair or secure the unsafe structure. Where certified mail or notice of publication is utilized, no action shall be taken by the city to remove, repair or secure any unsafe structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(f)

When in the opinion of the building maintenance official there is immediate danger of collapse or failure of an unsafe structure, or any part thereof, which would endanger life, or when a violation of the USBC results in a hazard that creates an immediate, serious and imminent threat to the life and safety of the occupants thereof, then in addition to any other action authorized by the USBC (including, without limitation, issuance of an order requiring occupants to vacate the premises), the building maintenance official is hereby vested with the authority:

(1)

To take immediate action to secure the unsafe structure, and to make emergency repairs, to the extent reasonably necessary to make such unsafe structure, or part thereof, temporarily safe. Emergency repairs may include maintenance to the exterior of a building to prevent deterioration of the building or of adjacent buildings. If the unsafe structure, or a portion thereof, presents an imminent and immediate threat to life or property, then the corrective action authorized by this section may include the razing or removal of such structure, or a portion thereof. Notice of the emergency action(s) taken shall be given to the owner, in the same manner as provided in section 5-163(d) above, except that the thirty-day advance notice period shall not be applicable where emergency corrective action, securing of the unsafe structure or emergency repairs are necessary; and/or

(2)

To placard the unsafe structure as being unfit or unsafe for human occupancy or use. The placard shall be posted at all normal means of egress to the structure, building or facility. As soon as possible after placarding, the building maintenance official shall mail or deliver a notice to the owner(s) or occupant(s) of the unsafe structure, informing such person(s) of the reason for placarding and the penalty for occupancy or use while placarded. Notice shall be given in the same manner as provided in section 5-163(d) above. Once an unsafe structure is placarded, the occupancy or use is thereby prohibited. Occupancy or use of a placarded structure shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter. Once an unsafe structure is placarded, no occupancy or use shall recommence until the building maintenance official approves such in writing. Removal of a placard without permission of the building maintenance official shall constitute a misdemeanor punishable as provided by section 5-1 of this chapter.

(g)

In the event the city removes, repairs, or secures any unsafe structure, then all of the costs or expenses incurred by the city shall be assessed and billed to and paid by the owner of the property, and the building maintenance official shall prepare an affidavit certifying the costs and expenses incurred by the city. If the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property enforceable in the same manner as provided by section 5-4 of the City Code.

(7-16-01(1), § 2; 3-1-04(1); 11-15-04(1), § 1)

(a)

For the purpose of this division, the following terms shall have the meanings ascribed below:

(1)

Affidavit means the sworn legal document prepared by the city in accordance with section 5-172, below.

(2)

Bawdy place means any real property which is used or is to be used for lewdness, assignation or prostitution.

(3)

Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure.

(4)

Director means the director of neighborhood development services, or his designee.

(5)

Owner means the owner of record of real property.

(6)

Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

(7)

Present threat to the public's health, safety or welfare shall mean, for the purposes of this division, the regular presence on property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit any act or acts of lewdness, assignation or prostitution.

(8)

Property means real property.

(7-16-01(1), § 2)

In addition to any other enforcement procedures or remedies which may be available the director is authorized to undertake corrective action with respect to a bawdy place on property located within the city, in accordance with the following procedures:

(1)

The director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-908.1 of the Code of Virginia (1950), as amended, and affirming that: a bawdy place exists on certain property in the manner described therein; that the city has used due diligence, without effect, to abate the bawdy place; and that the bawdy place constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.

(2)

The director shall, in writing, notify the last known owner of the property, by regular mail sent to the owner's last known address as it appears in the city's assessment records for the property. The notice shall advise the owner that he or she has thirty (30) days from the date of the notice to undertake corrective action to abate the bawdy place described in the affidavit and that, if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. A copy of the director's affidavit shall be attached to the notice required by this section. The director shall prepare an affidavit of mailing, certifying that the notice was mailed as required by this section. The affidavit of mailing shall be sufficient evidence of the required mailing.

(7-16-01(1), § 2)

(a)

If no corrective action is undertaken by the owner within thirty (30) days from the city's notice, the director shall send by regular mail an additional notice ("final notice") to the owner, and the director shall also mail a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing of the notice the city will commence to abate the bawdy place, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the bawdy place on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(b)

In the event the director determines that a removal of a building or structure is necessary to abate the bawdy place on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the bawdy place. The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, the notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

If the city undertakes corrective action to abate a bawdy place the costs and expenses thereof shall be assessed and billed to the property owner, and the director shall prepare an affidavit certifying the costs and expenses incurred by the city. In the event the charges billed to the property owner remain unpaid for more than thirty (30) days, such charges shall constitute a lien against such property and shall be enforceable as provided by section 5-4 of this chapter.

(7-16-01(1), § 2)

If a property owner takes timely corrective action, the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs.

(7-16-01(1), § 2)

For the purpose of this division, the following terms shall have the meanings ascribed below:

(a)

Affidavit means the sworn legal document prepared by the city in accordance with section 5-182, below.

(b)

Chief of police means the chief of police of the Charlottesville Police Department, and his designee(s).

(c)

Controlled substance shall refer to substances referenced within section 54.1-3401 of the Code of Virginia (1950), as amended, and for the purposes of this division the term shall also include marijuana.

(d)

Corrective action means the taking of steps which are reasonably expected to be effective to abate a drug blight on real property, such as removal, repair or securing of any building, wall or other structure.

(e)

Director means the director of neighborhood development services, and his designee(s).

(f)

Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of illegal controlled substances or by the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances on or nearby the property.

(g)

Owner means the record owner of real property, as indicated by the land records of the Charlottesville Circuit Court.

(h)

Person means any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity.

(i)

Property means real property.

(7-16-01(1), § 2)

In addition to any other enforcement procedures or remedies which may be available to the city, the director is hereby authorized to undertake corrective action with respect to a drug blight on property located within the city, in accordance with the following procedures:

(a)

The city's chief of police may, from time to time, report to the director information concerning criminal activity related to controlled substances involving any property located in the city. Such information shall include details demonstrating that such property contains a drug blight. The information shall include a description of action(s) the chief of police has taken to abate the criminal activity referenced in the report.

(b)

Upon receipt of information referred to in paragraph (a), above, the director shall execute an affidavit, in a form approved by the city attorney, citing this division as well as section 15.2-907 of the Code of Virginia (1950), as amended, and affirming that: a drug blight exists in the manner described therein; that the city has used due diligence, without effect, to abate the drug blight; and that the drug blight constitutes a present threat to the public's health, safety or welfare. The director shall request the city attorney's assistance in verifying the last known owner(s) of record of the property and any lienholder(s) of record.

(c)

The director shall notify the property owner in writing of the determination of drug blight, and the director's written notice shall be mailed to the owner by regular mail sent to the last known address as it appears in the assessment records of the city. The notice shall advise the owner that the owner has thirty (30) days from the date of the notice to undertake corrective action to abate the drug blight described in the affidavit and that the city will assist the owner in determining the appropriate corrective action necessary to abate the drug blight. A copy of the director's affidavit affirming the presence of drug blight on the property shall be attached to the property owner's notice. The director shall prepare an affidavit certifying that the notice required by this section has been mailed.

(7-16-01(1), § 2)

(a)

If no corrective action is undertaken by the owner within thirty (30) days from the director's notice, the director shall send by regular mail an additional notice ("final notice")to the owner, at the address stated in the assessment records of the city and shall also send a copy of the final notice to any lienholder(s) of record by regular mail. The director shall prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state that not less than fifteen (15) days from the mailing thereof the city will commence to abate the drug blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the drug blight on the property. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(b)

In the event the director determines that a removal of a building or structure is necessary to abate the drug blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the drug blight. The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

If the city undertakes corrective action to abate a drug blight the costs and expenses thereof shall be billed to and paid by the owner of the property. The director shall prepare an affidavit certifying the costs and expenses incurred by the city. Every charge authorized by this section which remains unpaid for thirty (30) days shall constitute a lien against such property and enforceable in the same manner as provided by section 5-4 of this chapter.

(7-16-01(1), § 2)

If a property owner takes timely and effective corrective action pursuant to this division to abate the drug blight, the city shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.

(7-16-01(1), § 2)

The purpose of this division is to set forth the powers of the city and procedures for the acquisition or repair of blighted property, as defined herein, which are located within the city.

(7-16-01(1), § 2)

For the purposes of this division the following terms shall have the meanings ascribed below:

(a)

Blighted property shall mean and refer to any property with buildings or improvements which, by reason of dilapidation, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, or welfare of the community.

(b)

Director shall mean and refer to the director of neighborhood development services and his designee(s).

(7-16-01(1), § 2)

The director shall make a preliminary determination that a property is a blighted property. Upon making such a preliminary determination, the director shall notify the owner of the blighted property, specifying in writing the reasons why the property is considered blighted. A property owner shall have thirty (30) days from the director's written notice of the preliminary determination to respond with a plan to cure the blight within a reasonable time. If the owner fails to respond within the thirty-day period with a plan that is acceptable to the director, then the director may request the planning commission to conduct a public hearing and make findings and recommendations concerning the repair or other disposition of the property in question.

(7-16-01(1), § 2)

(a)

In the event a public hearing is scheduled by the planning commission:

(1)

The director shall prepare a plan for the repair or other disposition of the subject property. The director's plan shall include any aspect(s) of a plan submitted by the property owner which the director deems to be reasonable.

(2)

Notice of the public hearing, including the director's plan for the intended repair or other disposition of the property, and including the time and place of the hearing at which persons affected may appear and present their views, shall be given by the planning commission as follows:

(i)

By regular and also by certified mail, to the following: (i) the owner of the blighted property, or the agent designated by the owner for receipt of service of notices concerning the payment of real estate taxes within the city;(ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area, and

(ii)

By publication, at least twice, with not less than six (6) days elapsing between the first and second publications, in a newspaper published or having general circulation in the city, and

(iii)

By posting on the property itself.

(b)

The public hearing shall take place not less than six (6) days nor more than twenty-one (21) days after the second newspaper publication.

(7-16-01(1), § 2)

(a)

Following a public hearing, the planning commission shall make specific findings as to whether:

(1)

The property is a blighted property, as defined within City Code section 5-192;

(2)

The owner has failed to cure the blight or to present a reasonable plan to do so;

(3)

The property is occupied for personal residential purposes,

(4)

The property has been condemned for human habitation for more than one (1) year;

(5)

The director's plan for the repair or other disposition of the property is reasonable and in accordance with the city's adopted comprehensive plan, zoning ordinances, and other applicable land use regulations;

(6)

The property is located within an area listed on the National Register of Historic Places. In the event of such a determination, then the planning commission shall consult with the board of architectural review regarding the director's proposed plan for repair or other disposition of the property.

(b)

The planning commission shall report its findings and recommendations concerning the repair or other disposition of the blighted property to the city council.

(7-16-01(1), § 2)

Upon receipt of findings and recommendations from the planning commission, the city council may, after an advertised public hearing, affirm, modify or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city may carry out the approved plan in accordance with the approved plan and applicable law.

(7-16-01(1), § 2)

The city shall have a lien on all property repaired or acquired under an approved plan, to cover the cost of improvements made by the city to bring the blighted property into compliance with applicable building codes and the cost of disposal, if any. The director shall prepare an affidavit certifying the amount of such costs. The lien shall be filed in the circuit court and shall be subordinate to any prior liens of record. The city may recover its costs of repair from the owner of record of the property when the repairs were made, at such time as the property is sold or disposed of by such owner. If the property is acquired by the city through eminent domain, the cost of repair may be recovered when the city council sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any sale of the property.

(7-16-01(1), § 2)

(a)

In lieu of the acquisition of a blighted property by the exercise of the city's powers of eminent domain, and in lieu of the exercise of other powers listed in this division, the city council may, by ordinance, make findings that a property constitutes a blighted property, as defined within City Code section 5-192, declare such blighted property a nuisance and thereupon abate the nuisance.

(b)

Such ordinance shall be adopted only after written notice by certified mail to the owner(s) of the property, at the last known address of such owner(s) as shown on the current real estate tax assessment books or current real estate tax assessment records. The notice shall advise the property owner that if corrective action is not taken by the property owner of the date(s) on which the ordinance will be considered by council, and a copy of the proposed ordinance shall be attached to the notice. A copy of such notice and proposed ordinance shall also be sent by certified mail to any lienholder(s) of record. Copies of certified mail receipt(s) shall be sufficient evidence of mailing.

(c)

The abatement process shall be as follows:

(1)

If the property owner fails to abate the blight prior to the date on which an ordinance is adopted by council, the director shall give a final notice to the owner and shall also send a copy of the final notice to any lienholder(s) of record. A copy of the ordinance adopted by council shall be attached to the final notice. The final notice shall state that, no fewer than fifteen (15) days from the mailing thereof, the city will commence to abate the blight, taking any corrective action the city deems appropriate, including, without limitation, removal of the building or other structure so as to abate the blight on the property. In the event the director determines that a removal of a building or structure is necessary to abate the blight on the property, the final notice shall give the owner and any lienholder of record at least thirty (30) days in which to abate the blight. The property owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.

(d)

The final notice shall be given to the owner and any lienholder(s) of record, as follows:

(1)

To an individual who can be found within the city, by hand-delivering a copy of the notice to such person. Where hand-delivery is utilized the director shall prepare an affidavit certifying the hand-delivery. If the person named in the notice cannot be found after a diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known address of such person and a copy of the notice shall also be posted in a conspicuous place on the premises; this latter procedure shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(2)

To an individual under the age of eighteen (18) years ("infant"), or who is otherwise legally incompetent, then notice shall be provided by hand-delivering a copy thereof to such person's parent, guardian or committee. If such parent, guardian or committee cannot be found after a diligent search, the notice shall be sent by certified mail, return receipt requested, to the last known address of such parent, guardian or committee and a copy of the notice shall also be posted in a conspicuous place on the premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof to any person found at the infant's or incompetent's usual place of abode who is a member of his or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides at a residential or other treatment facility, adult care facility or nursing home, notice shall be given by delivering a copy to the officer or official who is in charge of such facility. If a family member or an officer or official cannot be located after reasonable efforts to do so, then a copy of the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(3)

To a corporation, bank, trust company, or other corporate or business entity, then notice shall be provided by hand-delivering a copy thereof to its president or other officer, director, manager, managing partner or agent thereof who is located in the city; or, if an individual cannot be found at the regular office or place of business in the city, by hand-delivering a copy to any employee thereof found at such office or place of business; or, if no such employee is found at such office or place of business, by leaving a copy of the notice posted at the front door of such office or place of business and sent by certified mail, return receipt requested, to the last known address of the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of the director shall be sufficient evidence of hand-delivery.

(4)

To a person whose identity is unknown or who has no place of abode, office or place of business in the city, and if, after reasonable efforts, the city cannot locate a last known address for such person, notice shall be given by publishing a copy of the notice in a newspaper of general circulation in the city, once per week, for two (2) successive weeks, in a newspaper having general circulation within the city. A certificate of publication provided by the newspaper shall be sufficient evidence of the required publication.

(5)

Where the final notice is sent by certified mail, or notice of publication is utilized, no action shall be taken by the city to remove any building or structure for at least thirty (30) days following the later of the return of a certified mailing receipt or newspaper publication.

(7-16-01(1), § 2)

Any person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor.

(Code 1976, § 5.1-9.1)

Cross reference— Penalty for Class 1 misdemeanor, § 1-11.

No person shall operate or participate in the operation of a cable communications system within the city without first obtaining a franchise issued by the council. A cable communications system, for the purposes of this section, shall not include a system that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control or management which does not use city rights-of-way.

(Code 1976, § 5.1-1)

(a)

No person who owns or controls any residential multiple-unit dwelling, trailer park, condominium or apartment complex, or subdivision shall interfere with the right of any tenant or lawful resident thereof to receive service from a cable television system lawfully operating within the city, or demand or accept payment of any fee, charge or thing of value from such a cable system or any tenant or resident in exchange for giving such tenant or resident access to service from such a cable system, or discriminate in any way against such tenant or resident who requests or receives cable service. It is determined that assuring such access constitutes a public use.

(b)

However, an owner of such property may receive just and reasonable compensation for such access. Such compensation shall be based upon evidence of: the diminution of investment-backed expectations; the impairment of the premises' usefulness; the amount of space occupied by the facilities of the system; the prior use, if any, of the space; the continued physical availability of space on the premises for installation of alternative modes of television program reception or delivery; the difference in fair market value of the premises resulting from the installation of system facilities; and other reasonable, nonspeculative factors. Compensation shall not include the holdup value resulting from a landlord's monopoly control of such access.

(Code 1976, § 5.1-2.1)

Nothing in this chapter shall prohibit a property owner from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.

(Code 1976, § 5.1-6)

Nothing in this chapter shall prohibit a person from requiring a cable communications system to agree to indemnify the owner of property or his agents or representatives from liability for damages caused by the installation, operation, maintenance or removal of cable communications facilities.

(Code 1976, § 5.1-7)

(a)

No person shall intercept, descramble, decode or receive or assist in intercepting, descrambling, decoding or receiving any signals from a lawfully franchised cable communications system unless specifically authorized to do so by the operator of the system. Assisting in intercepting, descrambling, decoding or receiving shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for unauthorized reception of signals over a cable communications system.

(b)

No person shall tamper with, remove or injure any cable, wires or other devices used with a lawfully franchised cable communications system unless specifically authorized to do so by the system operator.

(c)

No person shall intentionally deprive a cable communications system of a lawful charge for cable service.

(d)

No person shall resell a company's cable services without the company's express, written consent.

(e)

If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the device to intercept, descramble or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the connection to intercept, descramble or decode cable signals.

(f)

This section shall not be deemed to impair any rights or remedies at law or in equity available to a cable system operator.

(Code 1976, § 5.1-8.1)

State Law reference— Obtaining cable television service by fraud, Code of Virginia, § 18.2-187.1.

(a)

The city shall not prohibit or limit any program or class or type of program or otherwise censor the communications or signals by a cable operator or other parties over a cable communications system, other than programs on the designated government access channel or channels, and shall not promulgate any regulation or condition which would interfere with the right of free speech by means of cable television.

(b)

No franchised cable communications company shall prohibit or limit any program or class or type of program presented over any channel made available for public access, educational access, government access or leased access purposes.

(Code 1976, § 5.1-9)

Any person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor.

(Code 1976, § 5.1-9.1)

Cross reference— Penalty for Class 1 misdemeanor, § 1-11.

No person shall operate or participate in the operation of a cable communications system within the city without first obtaining a franchise issued by the council. A cable communications system, for the purposes of this section, shall not include a system that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control or management which does not use city rights-of-way.

(Code 1976, § 5.1-1)

(a)

No person who owns or controls any residential multiple-unit dwelling, trailer park, condominium or apartment complex, or subdivision shall interfere with the right of any tenant or lawful resident thereof to receive service from a cable television system lawfully operating within the city, or demand or accept payment of any fee, charge or thing of value from such a cable system or any tenant or resident in exchange for giving such tenant or resident access to service from such a cable system, or discriminate in any way against such tenant or resident who requests or receives cable service. It is determined that assuring such access constitutes a public use.

(b)

However, an owner of such property may receive just and reasonable compensation for such access. Such compensation shall be based upon evidence of: the diminution of investment-backed expectations; the impairment of the premises' usefulness; the amount of space occupied by the facilities of the system; the prior use, if any, of the space; the continued physical availability of space on the premises for installation of alternative modes of television program reception or delivery; the difference in fair market value of the premises resulting from the installation of system facilities; and other reasonable, nonspeculative factors. Compensation shall not include the holdup value resulting from a landlord's monopoly control of such access.

(Code 1976, § 5.1-2.1)

Nothing in this chapter shall prohibit a property owner from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.

(Code 1976, § 5.1-6)

Nothing in this chapter shall prohibit a person from requiring a cable communications system to agree to indemnify the owner of property or his agents or representatives from liability for damages caused by the installation, operation, maintenance or removal of cable communications facilities.

(Code 1976, § 5.1-7)

(a)

No person shall intercept, descramble, decode or receive or assist in intercepting, descrambling, decoding or receiving any signals from a lawfully franchised cable communications system unless specifically authorized to do so by the operator of the system. Assisting in intercepting, descrambling, decoding or receiving shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for unauthorized reception of signals over a cable communications system.

(b)

No person shall tamper with, remove or injure any cable, wires or other devices used with a lawfully franchised cable communications system unless specifically authorized to do so by the system operator.

(c)

No person shall intentionally deprive a cable communications system of a lawful charge for cable service.

(d)

No person shall resell a company's cable services without the company's express, written consent.

(e)

If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the device to intercept, descramble or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it shall be rebuttably presumed that the person knowingly used the connection to intercept, descramble or decode cable signals.

(f)

This section shall not be deemed to impair any rights or remedies at law or in equity available to a cable system operator.

(Code 1976, § 5.1-8.1)

State Law reference— Obtaining cable television service by fraud, Code of Virginia, § 18.2-187.1.

(a)

The city shall not prohibit or limit any program or class or type of program or otherwise censor the communications or signals by a cable operator or other parties over a cable communications system, other than programs on the designated government access channel or channels, and shall not promulgate any regulation or condition which would interfere with the right of free speech by means of cable television.

(b)

No franchised cable communications company shall prohibit or limit any program or class or type of program presented over any channel made available for public access, educational access, government access or leased access purposes.

(Code 1976, § 5.1-9)

(a)

The director of parks and recreation shall sell the spaces as shown on city cemetery maps prepared and dated prior to January 1, 1939, which are on file in the office of the city engineer and recorded in the office of the clerk of the circuit court, at such prices as may be fixed from time to time by the council.

(b)

The city engineer shall prepare three (3) maps of each cemetery and in addition thereto that may be plotted or established after January 1, 1939, to enable the director of parks and recreation to make sales of grave spaces and properly describe the same. One (1) map shall be kept by the city engineer, one (1) map shall be kept by the director of parks and recreation and one (1) map shall be recorded in the clerk's office of the circuit court. The director of parks and recreation shall sell the grave spaces as shown on such maps at such prices as may be fixed from time to time by the council.

(Code 1976, § 6-2)

The mayor shall have authority and it shall be his duty to convey in the name and on behalf of the city to any purchaser thereof any grave space in any cemetery of the city to which the city has a clear title, provided the following is properly executed:

"WHEREAS, the city treasurer has received the full purchase price of the property hereby conveyed as is evidenced by his signature hereto.

"NOW, THEREFORE, THIS DEED, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as the City, and ____________ hereinafter referred to as the owner;

"WITNESSETH: That for and in consideration of the sum of $;$rule; cash in hand paid by the owner to the city, the receipt whereof is hereby acknowledged, as well as the covenants and agreements hereinafter made by the owner, the city does hereby grant, bargain, sell and convey, with GENERAL WARRANTY of TITLE unto ____________ owner, those certain lots or parcels of land in said city, designated on a plat of ____________ cemetery as grave space ____________ in block number ____________ , Division ____________ , said plat being filed and recorded as is provided by law.

"As a part of the consideration for this deed, it is mutually agreed as follows:

"(1)

This deed may be recorded in the clerk's office of the circuit court by and at the expense of the owner, and the city shall not permit the interment of any person in said space without the consent of the owner of the legal title to said space, or his or her heirs or personal representative.

"(2)

Said space shall be subject to the control and management of the city and shall be subject to any laws, ordinances or resolutions of the city council which may be passed or adopted for the management, government or improvement of the cemetery in which the space is located.

"(3)

Ten percent of the above purchase price will be deposited by the city in the `Perpetual Care Fund' and said space shall be perpetually cared for by the city in accordance with such rules and regulations as may now or hereafter be provided for the perpetual care of the sections and spaces in the cemeteries of said city.

"IN TESTIMONY WHEREOF, the city has caused this deed to be executed by its Mayor, with its corporate seal affixed, attested by its clerk, and the city treasurer and owner have hereunto subscribed their respective names, this the ____________ day of ;daterule;, 19 ____________ .

(Code 1976, § 6-3)

The following charges shall be made for grave spaces in Oakwood Cemetery: In Divisions H, J, K and L, two hundred dollars ($200.00) for each space; except that urn spaces in Division J shall be ten dollars ($10.00) for each space; in Division G, seventy-five dollars ($75.00) for each space.

(Code 1976, § 6-9; 7-15-91)

Any person desiring to have a grave opened in a city cemetery shall notify the director of parks and recreation at least twenty-four (24) hours before the interment and shall designate the space which is to be used.

(Code 1976, § 6-8)

(a)

The charge for opening a grave, which may include a charge to cover the city's administrative costs, shall be determined from time to time by the director of parks and recreation. The rates shall be posted in the parks and recreation office and distributed to local funeral directors.

(b)

The charge for opening a grave shall be payable in advance by the funeral director.

(c)

Unless a concrete, steel or polypropylene vault is furnished on behalf of a person to be buried, the city shall furnish a polypropylene vault at a charge not to exceed three hundred dollars ($300.00). This subsection shall not apply to the burial of an urn.

(Code 1976, § 6-9; 7-15-91; 6-15-92)

Each grave in a city cemetery shall be not less than five (5) feet in depth, except that, if it is for burial of an urn, it need be only two (2) feet in depth. No interment shall be made which shall disturb the remains of the dead or which shall displace or injure any monument or stone placed over a grave.

(Code 1976, § 6-8)

The director of parks and recreation shall keep a record of each cemetery according to plats prepared by the city engineer, showing the name, lot and section number, grave and date of interment of every person buried in such cemetery.

(Code 1976, § 6-1)

Any person dying in the city may be buried at the expense of the city, upon an order from the director of social services, when, in the opinion of the director, the estate of the deceased is not sufficient to pay the expenses of burial. The expense incurred in the burial shall be charged against the appropriation for the department of social services.

(Code 1976, § 6-4)

(a)

The perpetual care fund previously established for the maintenance of city cemeteries shall be continued in effect.

(b)

All lots in city owned cemeteries shall be treated as perpetual care lots and the city shall maintain such lots in good condition in perpetuity. However, the city shall not be liable for deterioration of gravestones or monuments caused by age or weather.

(c)

The city treasurer shall be the custodian of the perpetual care fund and is authorized to invest the principal of the fund in such lawful investments as he deems appropriate.

(d)

Ten (10) percent of all amounts received from the sale of city cemetery lots shall be credited to the principal of the perpetual care fund. The remaining ninety (90) percent shall be credited to the general fund to defray operating costs of city cemeteries.

(e)

Annually, on the last day of the fiscal year, the city treasurer shall transfer all investment income received by the perpetual care fund during the fiscal year to the general fund of the city to defray the cost of maintenance of city cemeteries.

(Code 1976, §§ 6-7.1, 6-9)

(a)

No person shall break, injure or destroy any monument, gravestone or marker, shrub, plant or tree in the cemeteries in the city, or any property appertaining thereto, or unlawfully trespass in any manner on the grounds.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Code 1976, § 6-11)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.

State Law reference— Damaging cemetery property, Code of Virginia, § 18.2-127.

(a)

It shall be unlawful for any person to go or remain upon the premises of Oakwood Cemetery or Maplewood Cemetery between the hours of 8:00 p.m. and 7:00 a.m., without the express permission of the director of parks and recreation.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Code 1976, § 6-12)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11.

(a)

The director of parks and recreation shall sell the spaces as shown on city cemetery maps prepared and dated prior to January 1, 1939, which are on file in the office of the city engineer and recorded in the office of the clerk of the circuit court, at such prices as may be fixed from time to time by the council.

(b)

The city engineer shall prepare three (3) maps of each cemetery and in addition thereto that may be plotted or established after January 1, 1939, to enable the director of parks and recreation to make sales of grave spaces and properly describe the same. One (1) map shall be kept by the city engineer, one (1) map shall be kept by the director of parks and recreation and one (1) map shall be recorded in the clerk's office of the circuit court. The director of parks and recreation shall sell the grave spaces as shown on such maps at such prices as may be fixed from time to time by the council.

(Code 1976, § 6-2)

The mayor shall have authority and it shall be his duty to convey in the name and on behalf of the city to any purchaser thereof any grave space in any cemetery of the city to which the city has a clear title, provided the following is properly executed:

"WHEREAS, the city treasurer has received the full purchase price of the property hereby conveyed as is evidenced by his signature hereto.

"NOW, THEREFORE, THIS DEED, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as the City, and ____________ hereinafter referred to as the owner;

"WITNESSETH: That for and in consideration of the sum of $;$rule; cash in hand paid by the owner to the city, the receipt whereof is hereby acknowledged, as well as the covenants and agreements hereinafter made by the owner, the city does hereby grant, bargain, sell and convey, with GENERAL WARRANTY of TITLE unto ____________ owner, those certain lots or parcels of land in said city, designated on a plat of ____________ cemetery as grave space ____________ in block number ____________ , Division ____________ , said plat being filed and recorded as is provided by law.

"As a part of the consideration for this deed, it is mutually agreed as follows:

"(1)

This deed may be recorded in the clerk's office of the circuit court by and at the expense of the owner, and the city shall not permit the interment of any person in said space without the consent of the owner of the legal title to said space, or his or her heirs or personal representative.

"(2)

Said space shall be subject to the control and management of the city and shall be subject to any laws, ordinances or resolutions of the city council which may be passed or adopted for the management, government or improvement of the cemetery in which the space is located.

"(3)

Ten percent of the above purchase price will be deposited by the city in the `Perpetual Care Fund' and said space shall be perpetually cared for by the city in accordance with such rules and regulations as may now or hereafter be provided for the perpetual care of the sections and spaces in the cemeteries of said city.

"IN TESTIMONY WHEREOF, the city has caused this deed to be executed by its Mayor, with its corporate seal affixed, attested by its clerk, and the city treasurer and owner have hereunto subscribed their respective names, this the ____________ day of ;daterule;, 19 ____________ .

(Code 1976, § 6-3)

The following charges shall be made for grave spaces in Oakwood Cemetery: In Divisions H, J, K and L, two hundred dollars ($200.00) for each space; except that urn spaces in Division J shall be ten dollars ($10.00) for each space; in Division G, seventy-five dollars ($75.00) for each space.

(Code 1976, § 6-9; 7-15-91)

Any person desiring to have a grave opened in a city cemetery shall notify the director of parks and recreation at least twenty-four (24) hours before the interment and shall designate the space which is to be used.

(Code 1976, § 6-8)

(a)

The charge for opening a grave, which may include a charge to cover the city's administrative costs, shall be determined from time to time by the director of parks and recreation. The rates shall be posted in the parks and recreation office and distributed to local funeral directors.

(b)

The charge for opening a grave shall be payable in advance by the funeral director.

(c)

Unless a concrete, steel or polypropylene vault is furnished on behalf of a person to be buried, the city shall furnish a polypropylene vault at a charge not to exceed three hundred dollars ($300.00). This subsection shall not apply to the burial of an urn.

(Code 1976, § 6-9; 7-15-91; 6-15-92)

Each grave in a city cemetery shall be not less than five (5) feet in depth, except that, if it is for burial of an urn, it need be only two (2) feet in depth. No interment shall be made which shall disturb the remains of the dead or which shall displace or injure any monument or stone placed over a grave.

(Code 1976, § 6-8)

The director of parks and recreation shall keep a record of each cemetery according to plats prepared by the city engineer, showing the name, lot and section number, grave and date of interment of every person buried in such cemetery.

(Code 1976, § 6-1)

Any person dying in the city may be buried at the expense of the city, upon an order from the director of social services, when, in the opinion of the director, the estate of the deceased is not sufficient to pay the expenses of burial. The expense incurred in the burial shall be charged against the appropriation for the department of social services.

(Code 1976, § 6-4)

(a)

The perpetual care fund previously established for the maintenance of city cemeteries shall be continued in effect.

(b)

All lots in city owned cemeteries shall be treated as perpetual care lots and the city shall maintain such lots in good condition in perpetuity. However, the city shall not be liable for deterioration of gravestones or monuments caused by age or weather.

(c)

The city treasurer shall be the custodian of the perpetual care fund and is authorized to invest the principal of the fund in such lawful investments as he deems appropriate.

(d)

Ten (10) percent of all amounts received from the sale of city cemetery lots shall be credited to the principal of the perpetual care fund. The remaining ninety (90) percent shall be credited to the general fund to defray operating costs of city cemeteries.

(e)

Annually, on the last day of the fiscal year, the city treasurer shall transfer all investment income received by the perpetual care fund during the fiscal year to the general fund of the city to defray the cost of maintenance of city cemeteries.

(Code 1976, §§ 6-7.1, 6-9)

(a)

No person shall break, injure or destroy any monument, gravestone or marker, shrub, plant or tree in the cemeteries in the city, or any property appertaining thereto, or unlawfully trespass in any manner on the grounds.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Code 1976, § 6-11)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11; damaging property generally, § 17-22 et seq.

State Law reference— Damaging cemetery property, Code of Virginia, § 18.2-127.

(a)

It shall be unlawful for any person to go or remain upon the premises of Oakwood Cemetery or Maplewood Cemetery between the hours of 8:00 p.m. and 7:00 a.m., without the express permission of the director of parks and recreation.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Code 1976, § 6-12)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11.

There is hereby established a city market, which shall be operated at a location designated by the city manager.

(Code 1976, § 18-1)

State Law reference— Authority of city to provide and operate markets, Code of Virginia, § 15.1-880.

The city market shall be operated for the accommodation of any person desiring to make retail sales of farm produce, foodstuffs, art work or handicrafts grown or produced by him, members of his family or farm laborers employed by him upon property owned or leased by the seller.

(Code 1976, § 18-1)

The city market shall be operated by the department of parks and recreation.

(Code 1976, § 18-1)

The city manager is authorized to make and enforce necessary rules and regulations governing the hours of operation and conduct of business in the city market. Anyone aggrieved by such rules and regulations, or the application thereof, may seek relief by appeal to city council. A violation of any provision of the rules duly established hereunder shall constitute a Class 3 misdemeanor.

(Code 1976, § 18-1; 5-6-91; 4-17-95)

No person shall be allowed to sell any produce or articles in the city market unless he shall have first obtained a producers certificate pursuant to section 14-49(e) of this Code.

(Code 1976, § 18-1)

No certificate of appropriateness shall be required for a stand operated by a city market vendor; however such stands shall otherwise be required to comply with the regulations and requirements set forth within Chapter 28, Article IV, governing the size, appearance and operational restrictions applicable to vendor stands.

(12-1-03(2))

There is hereby established a city market, which shall be operated at a location designated by the city manager.

(Code 1976, § 18-1)

State Law reference— Authority of city to provide and operate markets, Code of Virginia, § 15.1-880.

The city market shall be operated for the accommodation of any person desiring to make retail sales of farm produce, foodstuffs, art work or handicrafts grown or produced by him, members of his family or farm laborers employed by him upon property owned or leased by the seller.

(Code 1976, § 18-1)

The city market shall be operated by the department of parks and recreation.

(Code 1976, § 18-1)

The city manager is authorized to make and enforce necessary rules and regulations governing the hours of operation and conduct of business in the city market. Anyone aggrieved by such rules and regulations, or the application thereof, may seek relief by appeal to city council. A violation of any provision of the rules duly established hereunder shall constitute a Class 3 misdemeanor.

(Code 1976, § 18-1; 5-6-91; 4-17-95)

No person shall be allowed to sell any produce or articles in the city market unless he shall have first obtained a producers certificate pursuant to section 14-49(e) of this Code.

(Code 1976, § 18-1)

No certificate of appropriateness shall be required for a stand operated by a city market vendor; however such stands shall otherwise be required to comply with the regulations and requirements set forth within Chapter 28, Article IV, governing the size, appearance and operational restrictions applicable to vendor stands.

(12-1-03(2))

(a)

Generally. The territory within the city shall be divided into four (4) wards whose boundaries shall be as prescribed in this section.

(b)

First ward. The first ward shall embrace all the territory in the eastern part of the city which is not embraced within the boundaries of the second ward and the third ward.

(c)

Second ward. The second ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along the centerline of Main Street to the intersection of the centerline of 10th Street, N.W.; thence north along the centerline of 10th Street, N.W. to the centerline of Page Street, thence along the centerline of Page Street west to the intersection of the centerline of 11th Street NW; thence in a northern direction along the centerline of 11th Street, N.W. to the centerline of Grady Avenue; thence in a northwestern direction along the centerline of Grady Avenue to the centerline of Rugby Road; thence in a northwesterly direction along the centerline of Rugby Road to the junction of the centerline of Hydraulic Road and Rugby Road; thence along the centerline of Hydraulic Road to the southeastern corner of the intersection of U.S. Route 29 North and Hydraulic Road; thence along the eastern margin of U.S. Route 29 North, north to the corporate limits; thence in an easterly direction along the corporate limits to the southern margin of Virginia Highway 631; thence along the corporate limits south until the intersection with Park Street; thence continuing along the corporate limits to the confluence of the Rivanna River and Meadow Creek, thence along the centerline of Meadow Creek in a western direction to the intersection with the western boundary of Pen Park (City Tax Map 48B, Parcel 1), thence in a southern direction along that boundary to the centerline of Megan Court; thence in a southern direction along the centerline of Megan Court to the centerline of Locust Lane; thence in a southeastern direction along the centerline of Locust Lane to the centerline of Locust Avenue; thence in a southwesterly direction along the centerline of Locust Avenue to the centerline of the U.S. Route 250 Bypass; thence in a northwestern direction along the centerline of the U.S. Route 250 Bypass to the centerline with McIntire Road; thence in a southern direction along the centerline of McIntire Road to the intersection of the centerline of Nelson Drive; thence along the centerline of Nelson Drive to the intersection of the centerline of 2nd Street, N.E.; thence along the centerline of 2nd Street, N.E. to the point of beginning.

(d)

Third ward. The third ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along Main Street to the intersection of the centerline of Jefferson Park Avenue; thence in a southwestern direction along the corporate limits to the intersection with Fontaine Avenue, thence in a southern direction continuing along the corporate limits to the centerline of Old Lynchburg Road, thence continuing along the corporate limits in an eastern direction to intersection with the centerline of 6th Street SE, thence north long the centerline of 6th Street SE to the centerline of Rougemont Avenue; thence along the centerline of Rougemont Avenue in a western direction to the centerline of Hartmans Mill Road; thence along the centerline of Hartmans Mill in a northern direction to the centerline of 1st Street South.; thence in a northeastern direction along the centerline of 1st Street South to the southwest corner of Parcel 218 (Crescent Halls) of City Tax Map 28, thence along the southern boundary of said Parcel to the southeast corner, thence north along the eastern boundary of said Parcel to the centerline of 2nd Street SE; thence north along the centerline of 2nd Street SE to the beginning.

(e)

Fourth ward. The fourth ward shall embrace all the territory in the western part of the city which is not embraced within the boundaries of the second ward and the third ward.

(Code 1976, § 8-1; 4-16-90; 4-4-11(1), § 1)

State Law reference— Wards generally, Code of Virginia, § 15.1-803.

Each ward of the city shall constitute two (2) election precincts, as defined in this article, except in the third ward, which shall constitute three (3) election precincts. Elections in each district in each ward shall be held at such voting places as may from time to time be designated by the council. The voting places, as now constituted, shall be so continued unless and until changed by the council, but no change shall be made in any voting place within sixty (60) days next preceding any general election.

(Code 1976, § 8-2; 4-4-11(1), § 1)

State Law reference— Duty of council to establish election districts or precincts and voting places, Code of Virginia, § 24.2-307.

(a)

Clark precinct. The Clark precinct of the first ward shall embrace all territory in the first ward lying south of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Clark Elementary School.

(b)

Recreation precinct. The Recreation precinct of the first ward shall embrace all territory in the first ward lying north of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Herman Key Recreation Center at 800 East Market Street.

(Code 1976, § 8-2; 9-5-89; 12-3-90; 2-7-00(1); 8-20-01; 9-3-02; 4-4-11(1), § 1)

(a)

Carver precinct. The Carver precinct of the second ward shall embrace all territory in the second ward lying south of the centerline of Rugby Avenue and south of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of McIntire Road. The voting place for this precinct shall be the Carver Recreation Center located at 233 Fourth Street, N.W.

(b)

Walker precinct. The Walker precinct of the second ward shall embrace all territory in the second ward lying north of the centerline of Rugby Avenue and north of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of Locust Avenue. The voting place for this precinct shall be the Walker Upper Elementary School.

(Code 1976, § 8-2; 4-4-11(1), § 1; 7-5-11; 1-22-13)

(a)

Benjamin Tonsler precinct. The Benjamin Tonsler precinct of the third ward shall embrace all the territory in the third ward lying east of the line running along the centerline of Roosevelt Brown Boulevard, 9th Street, S.W., Forest Hills Avenue and Cherry Avenue (between Forest Hills Avenue and Rock Creek), and east of Rock Creek and 5th Street, S.W. The voting place for this precinct shall be the Tonsler Park Recreation Center on Cherry Avenue.

(b)

Johnson precinct. The Johnson precinct of the third ward shall embrace all territory in the third ward lying west of the centerline of 5th Street, S.W. between the corporate limits and Rock Creek, and west of Rock Creek between 5th Street S.W., and Cherry Avenue; and south of a line beginning at the intersection of Rock Creek and Cherry Avenue, thence continuing southwest along the centerline of Cherry Avenue to Shamrock Road; thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be the Johnson Elementary School at 1645 Cherry Avenue.

(c)

Buford precinct. The Buford precinct shall embrace all territory in the third ward lying west of the centerline of Roosevelt Brown Boulevard and 9th Street, S.W. to its intersection with Forest Hills Avenue, and north of a line running west from 9th Street, S.W. along the centerline of Forest Hills Avenue to Cherry Avenue, thence west along the centerline of Cherry Avenue to Shamrock Road, thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be Buford Middle School at 1000 Cherry Avenue.

(Code 1976, § 8-2; 6-1-98(1); 8-20-01; 3-7-05; 4-5-10(1); 4-4-11(1), § 1; 8-15-16(1))

(a)

Venable precinct. The Venable precinct of the fourth ward shall embrace all territory in the fourth ward lying east of the centerline of Rugby Road between University Avenue and Grady Avenue, and south of the centerline of Grady Avenue between Rugby Road and 11th Street, N.W. The voting place for this precinct shall be Venable Elementary School.

(b)

Alumni Hall precinct. The Alumni Hall precinct of the fourth ward shall embrace all territory in the fourth ward lying south of the centerline of Hydraulic Road and west of the centerline of Rugby Road. The voting place for this precinct shall be Alumni Hall located on Emmet Street.

(Code 1976, § 8-2; 9-5-89; 2-5-90; 4-4-11(1), § 1)

There is hereby established a central absentee voter election district in city hall for the purpose of receiving, counting and recording all absentee ballots in all elections cast within the city. Such central absentee voter election district shall receive, count and record all absentee ballots in accordance with the requirements of section 24.1-233.1 of the Code of Virginia and all other applicable provisions of law. This shall be effective February 1, 1979, and shall remain in effect until repealed by the council.

(Code 1976, § 8-3)

(a)

Generally. The territory within the city shall be divided into four (4) wards whose boundaries shall be as prescribed in this section.

(b)

First ward. The first ward shall embrace all the territory in the eastern part of the city which is not embraced within the boundaries of the second ward and the third ward.

(c)

Second ward. The second ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along the centerline of Main Street to the intersection of the centerline of 10th Street, N.W.; thence north along the centerline of 10th Street, N.W. to the centerline of Page Street, thence along the centerline of Page Street west to the intersection of the centerline of 11th Street NW; thence in a northern direction along the centerline of 11th Street, N.W. to the centerline of Grady Avenue; thence in a northwestern direction along the centerline of Grady Avenue to the centerline of Rugby Road; thence in a northwesterly direction along the centerline of Rugby Road to the junction of the centerline of Hydraulic Road and Rugby Road; thence along the centerline of Hydraulic Road to the southeastern corner of the intersection of U.S. Route 29 North and Hydraulic Road; thence along the eastern margin of U.S. Route 29 North, north to the corporate limits; thence in an easterly direction along the corporate limits to the southern margin of Virginia Highway 631; thence along the corporate limits south until the intersection with Park Street; thence continuing along the corporate limits to the confluence of the Rivanna River and Meadow Creek, thence along the centerline of Meadow Creek in a western direction to the intersection with the western boundary of Pen Park (City Tax Map 48B, Parcel 1), thence in a southern direction along that boundary to the centerline of Megan Court; thence in a southern direction along the centerline of Megan Court to the centerline of Locust Lane; thence in a southeastern direction along the centerline of Locust Lane to the centerline of Locust Avenue; thence in a southwesterly direction along the centerline of Locust Avenue to the centerline of the U.S. Route 250 Bypass; thence in a northwestern direction along the centerline of the U.S. Route 250 Bypass to the centerline with McIntire Road; thence in a southern direction along the centerline of McIntire Road to the intersection of the centerline of Nelson Drive; thence along the centerline of Nelson Drive to the intersection of the centerline of 2nd Street, N.E.; thence along the centerline of 2nd Street, N.E. to the point of beginning.

(d)

Third ward. The third ward shall embrace all territory lying within the following boundaries: beginning at the intersection of Main Street and 2nd Street, N.E., thence west along Main Street to the intersection of the centerline of Jefferson Park Avenue; thence in a southwestern direction along the corporate limits to the intersection with Fontaine Avenue, thence in a southern direction continuing along the corporate limits to the centerline of Old Lynchburg Road, thence continuing along the corporate limits in an eastern direction to intersection with the centerline of 6th Street SE, thence north long the centerline of 6th Street SE to the centerline of Rougemont Avenue; thence along the centerline of Rougemont Avenue in a western direction to the centerline of Hartmans Mill Road; thence along the centerline of Hartmans Mill in a northern direction to the centerline of 1st Street South.; thence in a northeastern direction along the centerline of 1st Street South to the southwest corner of Parcel 218 (Crescent Halls) of City Tax Map 28, thence along the southern boundary of said Parcel to the southeast corner, thence north along the eastern boundary of said Parcel to the centerline of 2nd Street SE; thence north along the centerline of 2nd Street SE to the beginning.

(e)

Fourth ward. The fourth ward shall embrace all the territory in the western part of the city which is not embraced within the boundaries of the second ward and the third ward.

(Code 1976, § 8-1; 4-16-90; 4-4-11(1), § 1)

State Law reference— Wards generally, Code of Virginia, § 15.1-803.

Each ward of the city shall constitute two (2) election precincts, as defined in this article, except in the third ward, which shall constitute three (3) election precincts. Elections in each district in each ward shall be held at such voting places as may from time to time be designated by the council. The voting places, as now constituted, shall be so continued unless and until changed by the council, but no change shall be made in any voting place within sixty (60) days next preceding any general election.

(Code 1976, § 8-2; 4-4-11(1), § 1)

State Law reference— Duty of council to establish election districts or precincts and voting places, Code of Virginia, § 24.2-307.

(a)

Clark precinct. The Clark precinct of the first ward shall embrace all territory in the first ward lying south of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Clark Elementary School.

(b)

Recreation precinct. The Recreation precinct of the first ward shall embrace all territory in the first ward lying north of the centerline of the Chesapeake & Ohio Railway Company right-of-way. The voting place for this precinct shall be the Herman Key Recreation Center at 800 East Market Street.

(Code 1976, § 8-2; 9-5-89; 12-3-90; 2-7-00(1); 8-20-01; 9-3-02; 4-4-11(1), § 1)

(a)

Carver precinct. The Carver precinct of the second ward shall embrace all territory in the second ward lying south of the centerline of Rugby Avenue and south of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of McIntire Road. The voting place for this precinct shall be the Carver Recreation Center located at 233 Fourth Street, N.W.

(b)

Walker precinct. The Walker precinct of the second ward shall embrace all territory in the second ward lying north of the centerline of Rugby Avenue and north of the centerline of that portion of the U.S. Route 250 Bypass which is east of Rugby Avenue and west of Locust Avenue. The voting place for this precinct shall be the Walker Upper Elementary School.

(Code 1976, § 8-2; 4-4-11(1), § 1; 7-5-11; 1-22-13)

(a)

Benjamin Tonsler precinct. The Benjamin Tonsler precinct of the third ward shall embrace all the territory in the third ward lying east of the line running along the centerline of Roosevelt Brown Boulevard, 9th Street, S.W., Forest Hills Avenue and Cherry Avenue (between Forest Hills Avenue and Rock Creek), and east of Rock Creek and 5th Street, S.W. The voting place for this precinct shall be the Tonsler Park Recreation Center on Cherry Avenue.

(b)

Johnson precinct. The Johnson precinct of the third ward shall embrace all territory in the third ward lying west of the centerline of 5th Street, S.W. between the corporate limits and Rock Creek, and west of Rock Creek between 5th Street S.W., and Cherry Avenue; and south of a line beginning at the intersection of Rock Creek and Cherry Avenue, thence continuing southwest along the centerline of Cherry Avenue to Shamrock Road; thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be the Johnson Elementary School at 1645 Cherry Avenue.

(c)

Buford precinct. The Buford precinct shall embrace all territory in the third ward lying west of the centerline of Roosevelt Brown Boulevard and 9th Street, S.W. to its intersection with Forest Hills Avenue, and north of a line running west from 9th Street, S.W. along the centerline of Forest Hills Avenue to Cherry Avenue, thence west along the centerline of Cherry Avenue to Shamrock Road, thence northwest along the centerline of Shamrock Road to the Southern Railway right-of-way, thence southwest along the railroad right-of-way to Jefferson Park Avenue, thence north along the centerline of Jefferson Park Avenue to the centerline of Maury Avenue, thence north along the centerline of Maury Avenue to the corporate limits. The voting place for this precinct shall be Buford Middle School at 1000 Cherry Avenue.

(Code 1976, § 8-2; 6-1-98(1); 8-20-01; 3-7-05; 4-5-10(1); 4-4-11(1), § 1; 8-15-16(1))

(a)

Venable precinct. The Venable precinct of the fourth ward shall embrace all territory in the fourth ward lying east of the centerline of Rugby Road between University Avenue and Grady Avenue, and south of the centerline of Grady Avenue between Rugby Road and 11th Street, N.W. The voting place for this precinct shall be Venable Elementary School.

(b)

Alumni Hall precinct. The Alumni Hall precinct of the fourth ward shall embrace all territory in the fourth ward lying south of the centerline of Hydraulic Road and west of the centerline of Rugby Road. The voting place for this precinct shall be Alumni Hall located on Emmet Street.

(Code 1976, § 8-2; 9-5-89; 2-5-90; 4-4-11(1), § 1)

There is hereby established a central absentee voter election district in city hall for the purpose of receiving, counting and recording all absentee ballots in all elections cast within the city. Such central absentee voter election district shall receive, count and record all absentee ballots in accordance with the requirements of section 24.1-233.1 of the Code of Virginia and all other applicable provisions of law. This shall be effective February 1, 1979, and shall remain in effect until repealed by the council.

(Code 1976, § 8-3)

This chapter shall be known and may be cited as the city's "Water Protection Ordinance."

(5-5-14, § 1, eff. 7-1-14)

This chapter is adopted pursuant to authority conferred by: (i) the Virginia State Water Control Law, set forth within the Virginia Code, Title 62.1, Chapter 3.1 (§§ 62.1-44.2 through 62.1-44.34:28), including, without limitation, §§ 62.1-44.15:27 and 62.1-44.15:54; (ii) Virginia Code, Title 15.2, Chapters 21 and 22; and (iii) the federal Clean Water Act (33 U.S.C. § 1251 et seq.).

(5-5-14, § 1, eff. 7-1-14)

The purposes of this chapter are:

(1)

To ensure the general health, safety, and welfare of the citizens of the City of Charlottesville by (i) protecting the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced, and (ii) preventing degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff; and

(2)

To provide a framework for the administration, implementation and enforcement of the provisions of the Virginia Stormwater Management Act and the Virginia Erosion and Sediment Control Law, and to delineate the procedures and requirements to be followed in connection with permits issued by the city, acting as a VSMP and VESCP authority, respectively; and

(3)

To establish procedures whereby the requirements of the city's VSMP, VESCP and MS4 programs shall be enforced in conjunction with one another, and to ensure integration of those program requirements with flood insurance, floodplain management and other programs requiring compliance prior to authorization of construction, in order to make the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the city and for those persons responsible for compliance with the programs.

(5-5-14, § 1, eff. 7-1-14)

This chapter protects paramount public interests and shall be liberally construed to effectuate its several purposes. The following rules of construction shall apply in the construction of this chapter, unless such application would be contrary to the purposes of this chapter or the context clearly indicates otherwise:

(1)

All references to any statute, ordinance, regulation, guideline, handbook, manual or standard shall be to such statute, ordinance, regulation, guideline, handbook, manual or standard as it exists on the date of adoption of this chapter and includes any subsequent amendment, reenactment, renumbering, or reissuance in a subsequent edition.

(2)

Any reference to "this article," "Article II," "Article III," or "Article IV" shall include references to all applicable references of Article I.

(3)

All references to "days" shall be to calendar days.

(4)

All references to a "fee schedule" shall mean and refer to a schedule of the fees and charges associated with the various applications, inspections, permits and approvals required by this chapter, as approved and amended by the city council from time to time. All required fees shall be made payable to the city treasurer.

(5-5-14, § 1, eff. 7-1-14)

In addition to the definitions set forth within the Virginia Administrative Code (VAC) at 9VAC25-840-10, 9VAC25-850-10 and 9VAC25-870-10, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter shall have the following meanings unless otherwise specified herein. In the event of a conflict between any definition incorporated by reference and any definition following below, the definition incorporated by reference shall have precedence.

Act means, according to the context of its use, (1) the Stormwater Management Act set forth within Title 62.1, Chapter 3.1, Article 2.3 (§ 62.1-44.15:24 et seq.) of the Virginia Code or (2) the Erosion and Sediment Control Law set forth within Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.) of the Virginia Code.

Administrator means, when referring to a person performing duties relative to the city's VSMP or VESCP as set forth within this chapter, the city's department of neighborhood development services. The department of neighborhood development services shall have authority to act by and through the director of neighborhood development services and any city official, employee, contractor or other agent designated by the director of neighborhood development services to perform any responsibilities or functions assigned to the VSMP or VESCP Administrator. Whenever the term "administrator" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.

Agreement in lieu of a plan means (i) a contract between the VESCP administrator and a property owner which specifies conservation measures which must be implemented in the construction of an individual single-family residence, not part of a common plan of development or sale; or (ii) a contract between the VSMP administrator and a property owner which specifies methods that will be implemented to comply with the requirements of Article III of this chapter in the construction of an individual single-family residence, not part of a common plan of development or sale. Such contract may be executed by the administrator in lieu of a formal erosion and sediment control plan or stormwater management plan, as applicable.

Applicant means any person submitting an application for a permit or requesting the issuance of a permit under any provision of this chapter.

Best management practice ("BMP") means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the runoff volume and pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.

Board means the State Water Control Board.

Clean Water Act or CWA means the federal Clean Water Act, 33 U.S.C. 1251 et seq., formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.

Clearing means any activity which removes vegetative ground cover, including, but not limited to, root mat removal or top soil removal.

Common plan of development or sale refers to a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.

Conservation standards, criteria or specifications means the criteria, guidelines, techniques, and methods for the control of erosion and sedimentation whether promulgated by the program authority or contained in (1) the Virginia Erosion and Sediment Control Handbook and other regulations promulgated by the State Water Control Board, or (2) the Stormwater Management Handbook and other regulations promulgated by the Virginia Department of Environmental Quality.

Control measure means any BMP or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

DEQ and department mean the Virginia Department of Environmental Quality.

Development, land development and land development project as used within this chapter each refer to land improved or to be improved as a unit, under single ownership or unified control, such improvement(s) including all of the land disturbance, and the resulting landform, associated with the construction of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures, and or the clearing of land for non-agricultural or non-silvicultural purposes. The term shall include the entire area within a common plan of development or sale.

Director, as used in Article V of this chapter, shall mean and include the city's director of public works and director of neighborhood development services, and the employees and agents authorized by either of them to exercise authority or to take enforcement action under the provisions of Article V. The term director as used within Articles II and III of this chapter, shall mean the director of neighborhood development services. Whenever the term "director" is used within any of the regulations or other VAC sections incorporated by reference into this chapter, the term shall have the meaning assigned within those regulations or VAC sections.

Erosion and sediment control plan means a document containing materials and provisions for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

Erosion impact area means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of six thousand (6,000) square feet or less used for residential purposes.

Excavating means any digging, scooping, or other method(s) of removing earth materials.

Filling means any depositing or stockpiling of earth materials.

General permit means the state general permit, defined following below.

Grading means any excavating or filling, and any combination thereof, including the land in its excavated or filled conditions.

Illegal discharge and illicit discharge each means and refers to any discharge to the city's municipal storm sewer system ("MS4") that is not composed entirely of stormwater, except: (i) discharges pursuant to a VPDES permit; (ii) discharges resulting from firefighting activities; and (iii) any discharges specifically authorized within Article V of this chapter.

Illicit connection means any connection to the city's municipal storm sewer system ("MS4") made without the express written approval of an authorized city official.

Land disturbance or land-disturbing activity means any man-made change to the land surface that (i) actually or potentially changes its runoff characteristics, including, without limitation, clearing, grading, or excavation, or (ii) that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, without limitation, clearing, grading, excavating, transporting and filling. The entire land area within a common plan of development or sale, as a whole, shall be considered to be a single land-disturbing activity.

Layout means a conceptual drawing sufficient to identify and provide for specific stormwater management facilities required at the time of approval.

Licensed professional means an individual who is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.

Local erosion and sediment control program or VESCP means an outline of the various methods employed by the city to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program, including, without limitation, city ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.

Minor modification means, in relation to the state general permit, an amendment to an existing state general permit, before its expiration, not requiring extensive review and evaluation, including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor state general permit modification or amendment is one that does not substantially alter state general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.

Mitigation plan means a plan, a component of a stormwater management/BMP plan, an erosion and sediment control plan, or an agreement in lieu of a plan, that describes how encroachments into a stream buffer will be mitigated through runoff treatment, re-vegetation, the addition of extra buffer areas, or other appropriate measures.

MS4 means the city's municipal separate storm sewer system. The terms "municipal separate storm sewer" and "municipal separate storm sewer system" shall have the meanings set forth within 9VAC25-870-10.

Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

Operator means the owner or operator of any facility or activity subject to regulation under this chapter.

Owner means the owner(s) of the freehold of land, or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a property. As used herein, "owner" also refers to, in the appropriate context, any person authorized to act as the agent for the owner.

Peak flow rate means the maximum instantaneous flow from a given storm condition at a particular location.

Permit means any building permit, grading permit, or other permit, including the approval of any site plan or subdivision plat, which is required to be issued by any board, commission, officer, employee or agency of the city as a prerequisite to any land-disturbing activity or development. In relation to the provisions of Articles II and III of this chapter the term shall mean an approval issued by the VSMP/VESCP administrator for the initiation of a land-disturbing activity in accordance with this chapter, after evidence of state general permit coverage has been received.

Permittee means the person to whom a permit authorizing a land-disturbing activity is issued, and, in the appropriate context the term may refer to the person who certifies that an approved erosion and sediment control plan will be followed.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.

Pollution prevention plan shall mean a plan for implementing pollution prevention measures during construction activities, which meets the requirements of 9VAC25-870-56.

Project shall have the same meaning as set forth above for the term development.

Public waters means and refers to the public waters and waterways of the United States and of the Commonwealth of Virginia.

Redevelopment for purposes of this chapter, means and refers to construction of buildings, structures, fixtures or other improvements to land as replacement(s) for existing improvements.

Regulations means (1) in the context of the provisions of Article II, the Virginia Erosion and Sediment Control Regulations set forth within 9VAC25-840-10 et seq. of the Virginia Administrative Code, or (2) in the context of the provisions of Article III, the Virginia Stormwater Management Regulations set forth within 9VAC25-870-10 et seq. of the Virginia Administrative Code.

Residential development means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control, and which is to contain three (3) or more residential dwelling units.

Responsible land disturber or RLD means an individual holding a certificate of competence issued by the department, who is responsible for the operations of carrying out land-disturbing activity in accordance with an approved erosion and sediment control plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor or any other project or development team member; however, the identity of the RLD must be designated on the approved erosion and sediment control plan or permit.

Runoff volume means the volume of water that runs off the land development project from a prescribed storm event.

Site means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. All of the land that is part of a development, or of common plan of development or sale shall be considered as a single site.

State means the Commonwealth of Virginia, inclusive of its departments, boards, agencies and divisions.

State board means the Virginia State Water Control Board.

State general permit means the state permit titled "General Permit for Discharges of Stormwater From Construction Activities" referenced within the Virginia Administrative Code at 9VAC25-880-1 et seq., authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.

State permit means an approval to conduct a land-disturbing activity issued by the state board. Under a state permit, the state imposes and enforces requirements pursuant to the federal Clean Water Act and related regulations and the Virginia Stormwater Management Act and related regulations.

State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Virginia Code.

Stormwater and stormwater runoff mean precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways. The term may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater management plan means any document(s) containing material that describes method(s) for complying with the requirements of Article III of this chapter.

Stormwater pollution prevention plan or SWPPP means a document or set of documents prepared in accordance with good engineering practices, meeting the requirements set forth within 9VAC25-870-54, in which potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from a construction site are described, and control measures are identified.

Stream buffer means an area of land at or near a tributary streambank and/or nontidal wetland that has an intrinsic water quality value due to the ecological and biological processes it performs or is otherwise sensitive to changes which may result in significant degradation to the quality of state waters.

Subdivision shall have the same meaning as set forth within section 29-3 of the City Code.

Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs may be expressed in terms of either mass per time, toxicity, or other appropriate measures. The TMDL process provides for point source versus nonpoint source trade-offs.

Transporting means any moving of earth materials from one place to another place, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

VAC means the Virginia Administrative Code. References to specific sections of the Virginia Administrative Code appear in the following format: e.g., 9VAC25-870-10. Whenever reference to a specific VAC section is given, the provisions of that VAC section shall be deemed incorporated into this chapter by reference, as if set forth herein verbatim.

Virginia Erosion and Sediment Control Program or VESCP means a program approved by the state that has been established by the city for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources, and shall include such items, where applicable, as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in Article II of this chapter, and evaluation consistent with the requirements of this chapter and related federal, state and local regulations.

Virginia Erosion and Sediment Control Program Authority or VESCP Authority shall mean the City of Charlottesville, acting pursuant to authority granted by the state to operate a VESCP.

Virginia Stormwater BMP Clearinghouse Website means a state website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.

Virginia Stormwater Management Act means Article 2.4 (§ 62.1-44.15:24 et seq.) of the State Water Control Law and the related state regulations set forth within 9VAC25-870-10 et seq.

VSMP or Virginia Stormwater Management Program means a program approved by the state board after September 13, 2011, that has been established by the city to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in Article III, and evaluation consistent with the requirements of Article III.

VSMP Authority or Virginia Stormwater Management Program Authority means the City of Charlottesville, acting pursuant to authority granted by the state to operate a VSMP.

Water dependent facility refers to land development that cannot exist outside the stream buffer and must be located on a shoreline because of the intrinsic nature of its operation, including, without limitation: intake and outfall structures of water and sewage treatment plants and storm sewers; water-oriented recreation areas; and boat docks and ramps.

(5-5-14, § 1, eff. 7-1-14)

(a)

The city council hereby designates the department of neighborhood development services as its administrator for the programs referenced in Articles II, III, and IV. Administration and enforcement of Article V shall be as set forth within sections 10-92 and 10-93.

(b)

The administrator shall administer and enforce the provisions of this chapter, acting by and through its director. The director may enter into agreements or contracts with the local soil and water conservation district, an adjacent locality, or another public or private entity, to carry out or assist with the responsibilities of this chapter. The director of the department of neighborhood development services shall have authority to assign specific responsibilities or functions of the administrator to authorized agents of such department, such as another city official, employee, or an independent contractor, consistent with requirements of this chapter and applicable state laws and regulations.

(c)

The administrator shall establish reasonable regulations and interpretive guidelines for the administration of this chapter, subject to approval of city council. Such regulations and guidelines shall be consistent with this chapter and all applicable federal and state statutes and regulations.

(d)

The administrator shall assure that the erosion and sediment control program set forth in Article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. The administrator shall assure that persons reviewing stormwater management plans and conducting related inspections shall hold a certificate of competence issued by the board.

(e)

The administrator shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land-disturbing activities and developments.

(f)

The administrator is authorized to cooperate with any federal or state department, agency, or official in connection with plans for erosion and sediment control or stormwater management. The administrator may also recommend to the city manager any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the city manager on behalf of the city.

(5-5-14, § 1, eff. 7-1-14)

The adoption of this chapter shall not abate any pending action, liability, or penalty of any person accruing or about to accrue, nor waive any right of the city under any provision in effect prior to the date of adoption of this chapter, unless expressly provided for in this chapter. As they pertain to land-disturbing activity for development that is the subject of a site plan or subdivision plat approved prior to July 1, 2014, the requirements of this chapter in relation to such development shall be as prescribed within the Regulations, or as otherwise specified by state law.

(5-5-14, § 1, eff. 7-1-14)

(a)

Any person who is aggrieved by a decision of the administrator pursuant to this chapter shall have the right of review of such action by the city council. Any such appeal shall be filed in writing with the clerk of the city council within thirty (30) days of the date of such decision.

(b)

An appeal received by the city council pursuant to this section shall be referred to the planning commission for review and findings of fact. The planning commission shall review the appeal at its next regular meeting following the date the notice of appeal is received by the clerk of council, and shall report its findings to city council. The city council shall review the appeal within thirty (30) days after the date of the planning commission meeting, at a regular or a special meeting of city council.

(c)

The city council shall consider evidence presented by the owner, the administrator, and any other aggrieved person.

(d)

The council shall render its decision in writing and may affirm, reverse or modify the administrator's decision. The council's decision shall constitute the final decision of the city on the matter(s) which are the subject of the appeal.

(e)

Any person aggrieved by a final decision of the city council pursuant to this section shall have the right of review of such decision by the circuit court of the city. Any such appeal shall be filed by the aggrieved person in writing with the circuit court within thirty (30) days of the city council's final decision.

(f)

For the purposes of this section, "aggrieved person" is limited to the owner, a permittee, owners of adjacent and downstream property and any interested governmental agency or officer thereof.

(5-5-14, § 1, eff. 7-1-14)

(a)

A person shall not commence, conduct or engage in any land-disturbing activity until such person has submitted a permit application to the administrator and has obtained the administrator's approval of a permit authorizing commencement of land-disturbing activity.

(1)

The applicant shall submit with the application for a permit:

a.

A proposed erosion and sediment control plan;

b.

A proposed stormwater management plan, if required;

c.

A state general permit registration statement, if required;

d.

For the land that is proposed to be disturbed, (i) a valid, approved preliminary site plan that provides a layout, as defined in 9VAC25-870-10, or a valid approved site plan, (ii) a valid, approved preliminary subdivision plat that provides a layout, as defined in 9VAC25-870-10, or a valid, approved final subdivision plat, or (iii) for land use or construction not subject to the requirement of an approved site plan or subdivision plat, the applicant shall submit a written certification of the purpose of the proposed land-disturbing activity together with a zoning administrator determination stating that the use sought to be established on the land is permitted under applicable zoning district regulations and will comply with applicable requirements of the city's zoning and other local ordinances;

e.

Any request for exception(s) from applicable technical requirements; and

f.

Payment of required application fee(s), pursuant to section 10-10.

The administrator shall not issue any approval(s) for commencement of any land-disturbing activity until all such required submissions and plans have been received and approved.

(2)

The administrator shall act on each plan included within the application, in accordance with the following:

a.

The administrator, or any duly authorized agent of the administrator, shall promptly review the materials submitted with an application. The administrator or his agent shall determine the completeness of the application within fifteen (15) calendar days of receipt, in accordance with the procedure referenced in 9VAC25-870-108(B).

b.

The administrator or his agent shall act on a plan within the time period(s) and in accordance with the procedures referenced within 9VAC25-870-108(B). However, when a proposed erosion and sediment control plan is determined to be inadequate, notice of disapproval, stating the specific reasons for disapproval, will be communicated to the applicant within forty-five (45) days.

c.

Approval or denial of a plan shall be based on compliance with the requirements of this chapter. Any decision shall be communicated in writing to the person responsible for the land-disturbing activity or the person's agent. Where available to the applicant, electronic communication will be deemed communication in writing. If a plan meeting all of the requirements of this chapter is submitted and no action is taken within the required time period, the plan shall be deemed approved. If a plan is not approved, the reasons for not approving the plan shall be provided in writing.

d.

When all requirements have been satisfied and all required plans have been approved, the administrator shall issue a consolidated stormwater management and erosion and sediment control permit, when all of the following requirements have been satisfied:

1.

Upon the development of an online reporting system by DEQ, but no later than July 1, 2014, the administrator shall not issue a permit to authorize any land-disturbing activity until evidence has been obtained of state general permit coverage, where required; and

2.

The administrator must receive the performance guarantee(s) and other instruments and documentation specified in subparagraphs (3) through (6), following below; and

3.

All fees required by section 10-10 shall be paid by the applicant.

(3)

Prior to issuance of any approval or permit, the administrator shall require (or in the case of an agreement in lieu of a plan, may require) the applicant to submit a reasonable performance bond with surety, a cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the administrator (individually, and collectively, "performance guarantee"), to ensure that measures could be taken by the city at the applicant's expense, upon the applicant's failure, after proper notice, within the time specified, to initiate or maintain appropriate actions which may be required of applicant by the approved plan(s) and permit(s) or permit conditions as a result of applicant's land-disturbing activity. Separate performance guarantees shall be established and required to assure compliance with the approved stormwater management plan and with the erosion and sediment control plan, except as provided in subparagraph (c), below.

a.

Each performance guarantee shall be effective from a date prior to the issuance of any permit or approval until sixty (60) days after completion of the requirements of approved plan(s) and permit(s) or permit conditions. The instrument(s) of security shall provide that the performance guarantee for stormwater requirements shall be and remain in effect until satisfactory completion of all permit conditions has been achieved. Within sixty (60) days of the satisfactory completion of the requirements of the permit conditions, such security, or the unexpended or unobligated portion thereof, if any, shall be refunded to the applicant or terminated.

b.

If approved by the administrator, the applicant may submit any required performance guarantee as part of, or included in, any other performance guarantee(s) required in connection with a site plan, subdivision plat or other required approval. In cases where any such consolidated performance guarantee is authorized, the administrator shall separately establish the specific amount(s) attributable to erosion and sediment control requirements, stormwater management requirements, construction of public facilities and improvements, and other activities for which a performance guarantee is to be provided.

c.

The instrument(s) of security shall provide the administrator and its authorized agents with a right of entry, for the purpose of initiating or maintaining appropriate actions that are required by the permit, or permit conditions associated with a land-disturbing activity when the applicant, a permittee, or other person responsible for carrying out the land-disturbing activities or the requirements of a permit and permit conditions, after proper notice, has failed to take acceptable action within the time specified.

d.

This requirement for performance bonding/ security is in addition to all other provisions and requirements of this article, state law and state regulations, relating to the issuance of permits, and is not intended to otherwise affect the requirements for such permits.

e.

If the administrator is required to take action upon a failure of the permittee, the administrator may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the performance guarantee held by the administrator.

f.

The administrator may require submission of other materials and supporting documentation as the administrator deems necessary in order for the applicant to demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.

(4)

Prior to issuance of any approval or permit for land-disturbing activity involving one (1) or more acres of land, the administrator shall require the applicant to submit a stormwater pollution prevention plan (SWPPP). The SWPPP shall include the content specified by 9VAC25-870-54, 9VAC25-870-55 and 9VAC27-870-56, as well as the requirements and general information specified by 9VAC25-880-70, Section II.

a.

The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.

b.

The SWPPP must be maintained by the operator at a central location at the site of the development. If no onsite location is available, notice of the SWPPP's location must be posted near the main entrance at the development site. Operators shall make the SWPPP available for public inspection in accordance with 9VAC25-880-70, Section II, either electronically or paper copy.

(5)

Except as provided in section 10-56(d), prior to issuance of any approval or permit for land-disturbing activity associated with development for which permanent stormwater management facilities are required, the administrator shall require the applicant to submit a proposed written instrument, in a form suitable for recordation in the city's land records, specifying long-term responsibility for and maintenance of the stormwater management facilities and other techniques specified within the proposed stormwater management plan for management of the quality and quantity of runoff.

(b)

No site plan shall be granted final approval, and no final subdivision plat shall be signed by any city board, commission, agency, department, official or employee, unless and until such final site plan or final subdivision plat includes improvements, facilities and treatments identified within a stormwater management plan approved by the administrator in accordance with this chapter.

(c)

No authorization or permit for any construction, land use or development involving any land-disturbing activity, including any grading permit, building permit, foundation permit, demolition permit, or other city-issued development permit, shall be issued by any city board, commission, agency, department, official or employee, unless and until a stormwater management plan has been approved and a permit has been issued by the administrator in accordance with this chapter.

(5-5-14, § 1, eff. 7-1-14)

(a)

The city council will, from time to time, approve a schedule of the fees and charges associated with the various applications, actions, inspections, permits and approvals required by this chapter in connection with the review of plans, issuance of VSMP and VESCP Authority permits, issuance of state general permit coverage, and implementation of the VSMP and VESCP related to land-disturbing activities. Prior to the issuance of any permit authorizing commencement of any land-disturbing activity, and prior to conducting any inspection or other action required by this chapter for which a fee is specified, the administrator shall assess, collect and administer the applicable fees and charges set forth within the most recent fee schedule adopted by city council.

(b)

The city council hereby adopts and incorporates by reference the statewide fee schedule(s) enacted by the state board pursuant to Virginia Code § 62.1-44.15:28 and 9VAC25-870-700 et seq., and said fee schedule(s) shall be deemed included within the local fee schedule referenced in paragraph (a), above. Prior to the issuance of any permit authorizing the commencement of any land-disturbing activity, the administrator shall assess, collect and administer the fees as set forth within 9VAC25-870-700-700 et seq., including, without limitation:

(1)

Fees for the modification or transfer of registration statements from the state general permit issued by the state board; provided, however, that if the state general permit modifications result in changes to stormwater management plans that require additional review by the administrator, then, in addition to the state general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference between the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage. No such modification fee shall be assessed to (i) permittees who request minor modifications to a state general permit, or (ii) permittees whose general permits are modified or amended at the initiative of DEQ (excluding errors in the registration statement identified by the administrator and errors related to the acreage of the site); and

(2)

Annual fees for maintenance of the state general permit, including fees on expired permits that have been administratively continued. State general permit maintenance fees shall be paid annually to the city, on or before the anniversary date of general permit coverage. State general permit maintenance fees shall apply, and shall continue to be paid, until state general permit coverage is terminated. No permit will be reissued or automatically continued without payment of the required fee for state general permit coverage.

(3)

Payment of the state's portion of the statewide permit fee shall not be required for coverage under the state general permit, for construction activity involving a single-family detached residential structure, when such activity is exempted from such fee pursuant to regulations established by the state board.

State general permit coverage and maintenance fees may apply to each state general permit holder. Persons whose coverage under the state general permit has been revoked shall apply to DEQ for an individual permit for discharges of stormwater from construction activities. All persons seeking approval of a stormwater management plan, all persons seeking coverage under the state general permit, and all permittees who request modifications to or transfers of their existing registration statement for coverage under a state general permit, shall be subject to the fees referenced within this paragraph, in addition to any separate fees that may apply under paragraph (a) of this section.

(c)

Fees shall be paid when due, by applicants, permittees, and other persons responsible for carrying out conditions of a permit. An incomplete payment will be deemed a nonpayment. Interest shall be charged for non-payments and for late payments, at the rate set forth in Virginia Code § 58.1-15, calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent account that is more than ninety (90) days past due. The city shall be entitled to all remedies available under the Virginia Code in collecting any past due amount.

(5-5-14, § 1, eff. 7-1-14)

(a)

The purpose of this article is to prevent degradation of properties, stream channels, waters and other natural resources of the city, by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff, and by establishing procedures by which these requirements shall be administered and enforced.

(b)

This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1 (State Water Control Law) article 2.4, § 62.1-44.15:51 et seq. (Erosion and Sediment Control Law).

(c)

This article shall apply to any land-disturbing activity within the city, except that state agency projects shall be subject to the requirements of Virginia Code § 62.1-44.15:56. Each owner of land within the city shall comply with the requirements of this article, as provided herein:

(1)

Prior to engaging in any land-disturbing activity, or allowing any land-disturbing activity to occur, on such owner's property;

(2)

At all times during any land-disturbing activity until it is completed, including all times when the land-disturbing activity is performed by a contractor engaged in construction work; and

(3)

When notified by the administrator that an erosion impact area exists on such owner's land, and the notice requires the owner to submit an erosion and sediment control plan in order to control erosion and sedimentation.

(d)

This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and II of this chapter.

(5-5-14, § 2, eff. 7-1-14)

(a)

The determination of whether an activity is a land-disturbing activity for purposes of this article shall be made by the administrator. Except as may otherwise be required by federal or state law or regulations, the term "land-disturbing activity" shall not include:

(1)

Disturbed land areas of less than six thousand (6,000) square feet;

(2)

Home gardens, individual home landscaping, repairs or maintenance work;

(3)

Individual service connections; administrator;

(4)

Installation, maintenance, or repair of any underground public utility lines, when such activity occurs on an existing hard surfaced road, street or sidewalk, provided the activity is confined to the area of the road, street or sidewalk that is hard surfaced;

(5)

Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of a building to be served by the septic tank system;

(6)

Surface or deep mining operations and projects, or oil and gas operations and projects, conducted in accordance with a permit issued pursuant to Code of Virginia Title 45.1; however, such activities shall not be conducted unless allowed by the city's zoning ordinance;

(7)

Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the state Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with Code of Virginia § 10.1-1100 et seq., or is converted to bona fide agricultural or improved pasture use, as described in subsection B of § 10.1-1163. Such activities shall not be conducted unless allowed by the city's zoning ordinance.

(8)

Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation. Such activities shall not be conducted unless allowed by the city's zoning ordinance.

(9)

Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

(10)

Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(11)

Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and

(12)

Emergency work to protect life, limb, or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan if there were no emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this article.

(b)

Upon the determination by the administrator that an activity is a land-disturbing activity the owner shall submit an erosion and sediment control plan to the administrator for review and approval, and shall otherwise take all actions necessary to comply with the requirements of this article.

(c)

Whenever land-disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), the administrator may either:

(1)

Consider the off-site activity as being part of the proposed land-disturbing activity; or

(2)

If the off-site activity is already covered by an approved erosion and sediment control plan, the administrator may require the applicant to provide proof of such approval and to certify that the plan will be implemented in accordance with the requirements of this article.

(d)

An erosion and sediment control plan shall be submitted and approved for a development and the buildings constructed within, regardless of the phasing of construction.

(5-5-14, § 2, eff. 7-1-14)

(a)

In order to prevent further erosion, the administrator may require submission and approval of an erosion and sediment control plan for any land determined to be an erosion impact area, regardless of the size of such area. The determination of whether an erosion impact area exists shall be rendered by the administrator.

(b)

The administrator shall determine whether an erosion impact area exists on a property. The administrator shall make this determination after an investigation initiated by the administrator or upon the complaint of any citizen.

(c)

Upon making a determination that an erosion impact area exists, the administrator shall immediately notify the owner of the property, in writing, of the determination. The notice shall be served by certified mail to the address of the owner based on the most recent tax records of the city, or by personal delivery. The written notice shall (i) instruct the owner to submit an erosion and sediment control plan for review and approval as provided in this article, and (ii) state the date by which the plan must be submitted.

(d)

Upon receipt of the notice required by this section the owner shall submit to the administrator for approval an erosion and sediment control plan designed to prevent further erosion, and the owner shall in all other aspects comply with the requirements of the notice and of this article. The owner shall not permit any portion of the land that is the subject of the notice to remain in a condition such that soil erosion and sedimentation causes reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds.

(e)

For good cause shown, the administrator may grant to an owner an extension of time to comply with the requirements of this section and this article.

(5-5-14, § 2, eff. 7-1-14)

No person shall engage in any land-disturbing activity within the city until an erosion and sediment control plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the city code. The land-disturbing permit is required in addition to any other approval required by this chapter, by the city's zoning or subdivision ordinances, or from the city's building official (including, without limitation, any building permit, foundation permit, or demolition permit).

(5-5-14, § 2, eff. 7-1-14)

Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land.

(5-5-14, § 2, eff. 7-1-14)

Pursuant to Code of Virginia § 62.1-44.15:54 the city hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state board, and the City's Design and Standards Manual, for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the Virginia Erosion and Sediment Control Regulations set forth within the Virginia Administrative Code at 9VAC25-840-10 et seq. and the Virginia Erosion and Sediment Control Handbook, including all amendments thereto. The regulations, references, guidelines, standards and specifications referenced within this paragraph shall be used (i) by an applicant when preparing and submitting an erosion and control plan for review and approval of the administrator under the provisions of this article, and (ii) by the administrator, in considering the adequacy of a submitted plan.

(5-5-14, § 2, eff. 7-1-14)

Fees shall be submitted at the time of filing any erosion and sediment control plan, and thereafter, as specified within the most recent fee schedule approved by city council. Each re-submission of a plan following rejection by the administrator shall constitute a new application requiring an additional application fee.

(5-5-14, § 2, eff. 7-1-14)

(a)

No person shall engage in any land-disturbing activity until such person has submitted to the administrator for review and approval an erosion and sediment control plan, along with an application for a land-disturbing permit in accordance with Article I.

(b)

The owner shall submit four (4) copies of an erosion and sediment control plan that satisfies the requirements of this section, and a certification stating that all requirements of the approved plan will be complied with.

(c)

The standards contained within the regulations, and within the Virginia Erosion and Sediment Control Handbook, as amended, and the City's Standards and Design Manual, shall be used by the applicant in preparing and submitting an erosion and sediment control plan.

(d)

The administrator may require additional information as may be necessary for its complete review of the plan.

(e)

In lieu of paragraphs (b)—(d), above, where land-disturbing activity will involve land under the jurisdiction of more than one (1) locality's program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the state board or its agent (DEQ) for review and approval, rather than to each locality.

(f)

In lieu of paragraphs (b)—(d), above, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the DEQ for review and approval consistent with guidelines established by the board.

(g)

Pursuant to Virginia Code § 62.1-44.15:55(D), electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies shall, and railroad companies shall, and authorities created pursuant to Code of Virginia § 15.2-5102 may, file general erosion and sediment control specifications annually with the Board for review and approval.

(5-5-14, § 2, eff. 7-1-14)

Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and approved as provided herein:

(1)

The plan shall be submitted along with the application required by section 10-9 of Article I, and shall be reviewed by the administrator to determine its compliance with the requirements of this article and with applicable state laws and regulations.

(2)

During review of the plan the administrator may correspond with the owner from time to time to review and discuss the plan with the owner, and may require additional information from the owner as necessary in order for the plan to be approved.

(3)

The administrator shall review erosion and sediment control plans submitted, and shall either grant written approval or written notice of disapproval in accordance with the time periods and other requirements set forth within Code of Virginia § 62.1-44.15:55 and Article I of this chapter.

(4)

Applicants for land-disturbing permits may be required to provide a performance bond, cash escrow or other financial guarantee, determined in accordance with section 10-9 of this chapter, to ensure that measures could be taken by the administrator at the applicant's expense should the applicant fail, after proper notice, within the time specified, to initiate or maintain appropriate measures required by the approved erosion and sediment control plan as a result of applicant's land-disturbing activity.

(5)

If the owner is required to obtain approval of a site plan or subdivision plat for a development, the administrator shall not approve an erosion and sediment control plan or authorize the commencement of any land-disturbing activity, unless and until the site plan or plat has received final approval as provided by law. Notwithstanding the foregoing, the administrator may approve an erosion and sediment control plan and may authorize commencement of land-disturbing activity, prior to approval of a required final site plan or final subdivision plat only in the following circumstances:

a.

To correct any existing erosion or other condition conducive to excessive sedimentation which is occasioned by any violation of this chapter or by accident, act of God, or other cause beyond the control of the owner, provided that the activity proposed shall be strictly limited to the correction of such condition;

b.

To install underground public utility mains, interceptors, transmission lines and trunk lines for which plans have previously been approved by the operating public utility or public service corporation and have previously been approved by the city as being substantially in accord with the comprehensive plan, where required by Code of Virginia § 15.2-2232.

(5-5-14, § 2, eff. 7-1-14)

The administrator may waive or modify any of the standards that are deemed inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:

(1)

At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the administrator shall be documented in the plan.

(2)

During construction, the person responsible for implementing the approved plan may request a variance in writing from the administrator. The administrator shall respond in writing either approving or disapproving such a request. If the administrator does not approve a variance within ten (10) days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.

(3)

The administrator shall consider variance requests judiciously, keeping in mind both the need of an applicant to maximize cost effectiveness and the public interest and need to protect off-site properties and resources from damage.

(5-5-14, § 2, eff. 7-1-14)

(a)

If land-disturbing activity is for the purpose of establishing or modifying a single-family detached dwelling, then, in lieu of an erosion and sediment control plan, the administrator may enter into a contract with the property owner that specifies conservation measures that must be implemented in the construction of the single-family dwelling.

(b)

In determining whether to allow an agreement in lieu of a plan, the administrator shall consider the potential threat to water quality and to adjacent land resulting from the land-disturbing activity, as well as applicable provisions of state law and regulations. When an agreement in lieu of a plan is authorized and approved by the administrator, the administrator and the owner shall have all of the rights, responsibilities and remedies set forth in this article as though such agreement in lieu of a plan was an erosion and sediment control plan.

(c)

The administrator may waive the requirement for a responsible land disturber holding a certificate of competence, in connection with an agreement in lieu of a plan for construction of a single-family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and shall provide the name of an responsible land disturber holding a certificate of competence, as provided by Code of Virginia § 62.1-44.15:55.

(5-5-14, § 2, eff. 7-1-14)

The administrator may require changes to an approved erosion and sediment control plan, and require an owner to submit an amended plan, in the following circumstances:

(1)

An inspection reveals that the plan is inadequate to satisfy the requirements of this article;

(2)

The person responsible for carrying out the plan finds that, because of changed circumstances, or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this article are agreed to by the administrator and the person responsible for carrying out the plan; or

(3)

In the event that land-disturbing activity has not commenced during the one hundred eighty-day period following plan approval, or if land-disturbing activity pursuant to an approved plan has ceased for more than one hundred eighty (180) days, the administrator may evaluate the existing approved erosion and sediment control plan to determine whether the plan still satisfies the requirements of this article and state erosion and sediment control criteria, and to verify that all design factors are still valid. If the administrator finds the previously approved plan to be inadequate, a modified plan shall be submitted for approval by the administrator prior to the commencement or resumption of land-disturbing activity.

(5-5-14, § 2, eff. 7-1-14)

Upon approval by the administrator of an erosion and sediment control plan, each owner shall:

(1)

Comply with the approved plan when performing, or allowing to be performed, any land-disturbing activities, or activities to correct an erosion impact area;

(2)

Maintain and repair all erosion and sediment control structures and systems to ensure continued performance of their intended function;

(3)

Comply with all requirements of this article, and with applicable state laws and regulations; and

(4)

Provide the name of a responsible land disturber, as defined in Article I of this chapter, who will be in charge of and responsible for carrying out the land-disturbing activity.

(5-5-14, § 2, eff. 7-1-14)

(a)

As a condition of approval of an erosion and sediment control plan, the administrator may require the person responsible for carrying out the plan to monitor the land-disturbing activity as provided herein:

(1)

Any monitoring conducted shall be for the purpose of ensuring compliance with the erosion and sediment control plan, and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.

(2)

The condition requiring monitoring and reporting shall state: (i) the method and frequency of such monitoring, and (ii) the format of the report and the frequency for submitting reports.

(3)

The person responsible for carrying out the plan will maintain records of inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.

(b)

The administrator shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60, to assure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation as provided herein. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

(1)

Monitoring, reports and inspections required by the administrator shall be conducted in accordance with the requirements of Code of Virginia § 62.1-44.15:58 and 62.1-44.15:60, and applicable provisions of state regulations.

(2)

If the administrator determines that there is a failure to comply with the approved plan, notice shall be served on the permittee or person responsible for carrying out the plan, in accordance with the requirements of Code of Virginia § 62.1-44.15:58. Upon failure to comply within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.

(3)

Upon determination of a violation of this article the administrator may, in conjunction with or subsequent to a notice to comply, issue an order requiring that all or part of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. In cases where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply. Any such order shall be served in the same manner as a notice to comply. A stop-order shall have the effects, shall remain in effect, as set forth within Code of Virginia § 62.1-44.15:58. Upon completion and approval of corrective action, or obtaining an approved plan and any required permits, the order shall be lifted. Upon failure to comply with any such order within the specified time, the land-disturbing permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided herein.

(4)

Any person violating or failing, neglecting or refusing to obey an order issued by the administrator may be compelled in a proceeding instituted in the Circuit Court of the City of Charlottesville to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

(5)

Nothing in this section shall prevent the administrator from taking any other action authorized by this article.

(5-5-14, § 2, eff. 7-1-14)

Upon a determination by the administrator that an owner has failed to comply with an approved erosion and sediment control plan, the administrator shall provide notice to a permittee or person responsible for carrying out the erosion and sediment control plan, and may issue an order requiring that all or part of the land-disturbing activities be stopped, in accordance with the provisions of Code of Virginia § 62.1-44.15:58 and applicable state regulations

(5-5-14, § 2, eff. 7-1-14)

(a)

An erosion and sediment control plan shall not be approved until it is reviewed by a certified plan reviewer.

(b)

Inspections of land-disturbing activities shall be conducted by a certified inspector.

(c)

The city's erosion and sediment control program may be carried out by one (1) or more persons; however, at all times the city's program, at a minimum, shall consist of a certified program administrator, a certified plan reviewer and a certified project inspector, who may be the same person.

(d)

The certifications required by this section shall be those granted by the state board, as set forth within Code of Virginia § 62.1-44.15:53.

(5-5-14, § 2, eff. 7-1-14)

(a)

Any person violating the provisions of this article shall, upon conviction, be guilty of a Class 1 misdemeanor.

(b)

The following may apply to the circuit court for injunctive relief to enjoin a violation or a threatened violation of this article, without the necessity of showing that an adequate remedy at law does not exist:

(1)

The city; and

(2)

The owner of property that has sustained damage or that is in imminent danger of being damaged; however, an owner of property shall not apply for injunctive relief unless (i) owner has notified in writing both the administrator and the person who has violated the provisions of this article, that a violation of this article has caused, or creates a probability of causing, damage to owner's property, and (ii) neither the person who has violated this article nor the administrator has taken corrective action within fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing, damage to the owner's property.

(c)

In addition to any criminal penalties provided under this section, any person who violates any provision of this article may be liable to the city in a civil action for damages.

(d)

Any person who violates any provision of this article shall, upon a finding of the Charlottesville General District Court, be issued a civil penalty. The civil penalty for any one (1) violation shall be not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). The civil penalty for violations listed within the schedule set forth following below shall be as set forth within the schedule. The administrator may issue a summons for collection of any civil penalty.

(1)

There is hereby established a schedule of civil penalties for certain violations of this article, and any civil penalty assessed by a court to a person who is found to have violated the sections referenced in the schedule shall be in accordance with the schedule.

_____

_____

(2)

Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00), except a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site. The assessment of a civil penalty pursuant to this subsection (d) shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor. In any trial for a scheduled violation, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purpose.

(e)

Without limiting the remedies which may be obtained under this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation. A civil action for such violation or failure may be brought by the city against such person.

(f)

With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the administrator; any condition of a permit; or any provision of this article or associated regulations, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed two thousand dollars ($2,000.00). Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (d) or (e) of this section.

(g)

Any civil penalties assessed by a court pursuant to this section shall be paid into the city treasury. However, where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

(5-5-14, § 2, eff. 7-1-14)

(a)

Pursuant to Virginia Code § 62.1-44.15:27 and 9VAC25-870-20, this article is adopted to establish a Virginia Stormwater Management Program that will integrate stormwater management requirements with the city's erosion and sediment control program, the city's MS4 permit, flood insurance, floodplain management, and related federal and state permits and requirements, into a unified program. This unified program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the city and those responsible for compliance.

(b)

This article is intended to be interpreted, administered and enforced in conjunction with the definitions and provisions of Article I. References to "this article", and references to "provisions of this article" shall be deemed to include (i) the provisions of Article I of this chapter, and (ii) the provisions, criteria, and requirements of each federal or state statute, regulation, standard and specification adopted or referred to within Articles I and III of this chapter.

(5-5-14, § 3, eff. 7-1-4)

(a)

No person shall engage in any land-disturbing activity until a stormwater management plan has been approved and a land-disturbing permit has been issued by the administrator in accordance with section 10-9 of the City Code.

(b)

Except as may otherwise be required by federal law, the following activities are exempt from the provisions of paragraph (a), above:

(1)

Where such uses are permitted by the city's zoning regulations: permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;

(2)

Where such uses are permitted by the city's zoning regulations: the clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;

(3)

Where such use is permitted by the city's zoning regulations: single-family residences separately built and disturbing less than one (1) acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;

(4)

Land-disturbing activities that disturb less than six thousand (6,000) square feet of land area, but only if the land area to be disturbed is not part of a common plan of development or sale;

(5)

Discharges to a sanitary sewer or a combined sewer system;

(6)

Activities under a state or federal reclamation program to return an abandoned property to an open land use, or to an agricultural use where permitted by the city's zoning ordinance;

(7)

Routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original construction of a project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subparagraph; and

(8)

Land-disturbing activities conducted in response to a public emergency, where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the administrator shall be advised of the disturbance within seven (7) days of the commencement of the land-disturbing activity and compliance with the administrative requirements of this chapter is required within thirty (30) days of commencing the land-disturbing activity.

(5-5-14, § 3, eff. 7-1-4)

Pursuant to Virginia Code §§ 62.1-44.15:27 and 62.1-44.15:49, the city hereby establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing activities and adopts the regulations promulgated by the board, specifying standards and specifications for such programs. No grading, building, or other city permit, shall be issued for a property unless a permit has been issued by the administrator pursuant to section 10-9 of this chapter.

(5-5-14, § 3, eff. 7-1-4)

(a)

A person shall not commence, conduct, or engage in any land-disturbing activity until such person has submitted a stormwater management plan to the administrator as part of the application required by section 10-9 and has obtained approval of the plan and a permit from the administrator authorizing the commencement of land-disturbing activity.

(b)

Every stormwater management plan shall apply the stormwater management technical criteria set forth in section 10-54 to the entire land-disturbing activity. Individual lots within new residential, commercial or industrial subdivisions and developments shall not be considered separate land-disturbing activities, and the stormwater management plan for the entire subdivision or development shall govern the development of the individual parcels, including parcels developed under any subsequent owner(s).

(c)

Every stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to subsurface runoff; and shall include the following:

(1)

A general description of the proposed stormwater management facilities and the mechanism through which the permanent facilities will be operated and maintained after construction is complete;

(2)

Contact information, including the name, address, and telephone number of the owner and the city tax map reference(s) and parcel number(s) of the property on which the land-disturbing activity is to be conducted;

(3)

A narrative that includes (i) a description of current site conditions and (ii) a description of final site conditions upon completion of development;

(4)

Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the pre-development and post-development drainage areas;

(5)

Information on the proposed stormwater management facilities, including:

a.

The type of facilities;

b.

Location, including the address, latitude and longitude, and the sixth order hydrologic unit code in which the facilities are located;

c.

Total area (expressed as acreage) treated;

d.

Impervious area (expressed as acreage) treated;

e.

Amount of pollutants removed (expressed as a number of pounds of phosphorous per year); and

f.

The surface waters or karst features, if present, into which the facility will discharge.

(6)

Hydrologic and hydraulic computations, including runoff characteristics;

(7)

Documentation and calculations verifying compliance with applicable water quality and quantity requirements. All stormwater runoff controls shall be designed and installed in accordance with the water quality and water quantity design criteria specified in section 10-54, and any additional standards or criteria set forth within the City's Standards and Design Manual;

(8)

A map or maps of the site that depicts the topography and other characteristics of the entire area of the land-disturbing activity and proposed development, including:

a.

All contributing drainage areas;

b.

Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;

c.

Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;

d.

Current land use, including existing structures, roads, and locations of known utilities and easements;

e.

Sufficient information on adjoining parcels to assess the impacts of stormwater from the development site on such adjacent parcels;

f.

The limits of clearing and grading, and the proposed drainage patterns on the site;

g.

Proposed buildings, roads, parking areas, paved surfaces, utilities, and stormwater management facilities;

h.

Proposed land use(s), with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, streets, paved areas, and public and private easements; and

i.

A description of the proposed timing and/or phasing of land-disturbing activities and development.

The land area depicted in the map shall include all land within the limits of a valid, approved preliminary or final site plan, or a valid, approved preliminary or final subdivision plat, for the proposed development, and the proposed land use(s) and improvements shown on such site plan or subdivision plat shall be the same as those depicted within the map.

(9)

Any other information, materials, requirements or provisions required by state regulations, including, without limitation, 9VAC25-870-55 and the City's Standards and Design Manual.

(10)

If an operator intends to meet water quality and/or quantity requirements through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included and the requirements of Virginia Code § 62.1-44.15:35 must be satisfied. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by Virginia Code § 62.1-44.15:35.

(11)

Signature and seal by a professional, if any elements of the stormwater management plan includes activities within the scope of the practice of architecture, land surveying, landscape architecture, or engineering, or other activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Virginia Code.

(d)

If land-disturbing activity is for the purpose of establishing or modifying an individual single-family detached dwelling, then, in accordance with applicable state regulations, the administrator may enter into an agreement in lieu of a plan with a property owner. Any such agreement in lieu of a stormwater management plan shall refer to specific measures that shall be implemented by the property owner to comply with the requirements of this article for the construction of the dwelling.

(5-5-14, § 3, eff. 7-1-4)

(a)

To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby adopts the following technical criteria:

(1)

The technical criteria set forth in Part II B of the Regulations, as amended, §§ 9VAC25-870-62 et seq. ("Part II B Technical Criteria"); and

(2)

The technical criteria set forth in Part II C of the Regulations, as amended, §§ 9VAC25-870-93 et seq. ("Part II C Technical Criteria").

(b)

The Part II B Technical Criteria shall apply to all regulated land-disturbing activities, except as expressly set forth in subparagraphs (c) through (h), following below.

(c)

Land-disturbing activity shall be subject to the Part II C Technical Criteria, if coverage under the state general permit was obtained, or land disturbance was otherwise lawfully commenced, prior to July 1, 2014.

(d)